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 rlw s.34 s.120B- Three accused - Prosecution case was that wife of Al was found dead in car |
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 rlw s.34; s.120B- Three accused - Prosecution case was that wife of Al was found dead in car - The story set up in defence by Al was that when he was going in car with his wife and daughter, three persons asked for lift who were permitted to sit in the rear seat and those three persons subsequently at the force of knife asked Al to take the car at their desired place and assaulted Al and put a noose in the neck of the deceased - The story was disbelieved by the trial court and accused were convicted u/s.302 r/w s.34 and u/s.120B - High Court upheld the conviction under s.302/34, however, acquitted them of offence u/s. 120B - On appeal, held: The gold ornaments worn by the victim- deceased at the time of occurrence were recovered at the instance of A2 - Recovery of stick, piece of rope and knife were also at the instance of A2 - Medical evidence proved that ligature marks on the neck of deceased were possible by nylon rope recovered at the instance of A2 - Theory as put by Al that he gave a lift to three unknown persons in the car who robbed them and assaulted them was disbelieved by lower courts - Injury in the manner as stated by Al on his person was not corroborated by medical evidence and other materials on record - Statements made by Al in s.313 Cr.P.C. as well as written statement submitted by him where he stated that he does not know A2 and A3 were found to be false as courts below found that there was evidence to prove that A2 and A3 were friends of Al - Plea that since High Court acquitted the·accused under s. l 20B they ought not to have been convicted under s.302 rlw s.34 also cannot be accepted - Chain of circumstances pointing the guilt towards all the accused - Interference with the order of conviction not called for. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 981 |
Petitioner | Shantanu Sitaram @ Anil Divekar |
Respondent | The State Of Maharashtra |
SCR | [2017] 8 S.C.R. 944 |
Judgement Date | 2017-09-22 |
Case Number | 724 |
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