Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.302 r/w s.34 - Double murder- Previous enmity- Threat on previous night Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.302 r/w s.34 - Double murder-Previous enmity- Threat on previous night- Informant wasan eyewitness to the incident of series of assault on victims-deceased - Incident took place at night in the field - Out offear, informant hid himself in.bushes - In the morning foundthe dead bodies- Reported matter to police thereafter- Trialcourt convicted the appellants u/s.302 r/w s.34- Three other accused acquitted on benefit of doubt - High Court upheldconviction of appellants - On appeal, held: The weapons ofassault were recovered on the basis of disclosure statementsmade by appellants - The ocular account of the incidentpresented by the PW 3 was in graphic details - He did not vacillate in identifying the appellants - He also could relatethe weapons of assault used by them- The injuries sustainedby deceased in the course of incident and those detected inthe post-mortem examination were compatible with each other- The evidence of informant was reliable and consistent - Conviction upheld. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2015 INSC 472 |
Petitioner | Daya Ram & Ors. |
Respondent | State Of Haryana |
SCR | [2015] 9 S.C.R. 1141 |
Judgement Date | 2015-07-02 |
Case Number | 1590 |
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