Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - s. 302 - Murder - Prosecution case that week before the incident altercation between informant and his step brothers-accused person |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s. 302 - Murder - Prosecution case that week before the incident altercation between informant and his step person - On the fateful day, accused person with brothers-accused the common intention of murdering the informant came and injured the informant, killed his wife by using firearms and caused death of one, and two children by putting the whole house to fire - Award of capital punishment by trial court - However, acquittal by High Court, since prosecution failed to prove the guilt of accused - On appeal, held: High Court relied on small inconsistencies and untenable grounds to set aside the well considered judgment of the trial court - Evidence of PW1 and PW2 regarding incident and identity of the accused rightly believed by trial court - Burning of lantern being fully proved, the High Court erred in holding that lantern was not burning and that the accused could not have been identified - Also, FIR was not ante timed and ante dated - Thus, order passed by the High Court set aside - Capital punishment reduced to life imprisonment. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 649 |
Petitioner | State Of U.p. |
Respondent | Ram Kumar & Ors. |
SCR | [2017] 7 S.C.R. 850 |
Judgement Date | 2017-07-20 |
Case Number | 1584 |
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