Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | unlawful assembly 302 201 Section 148 120B IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 — ss. 148, 302, 201 and 120B — Conspiracy hatched by 13 accused in two groups (Al to A6 and A7 to Al3) to kill doctor, BJP town secretary - Al to A7 formed unlawful assembly — Al to A6 attacked the doctor with weapons resulting in his death, and A7 stood nearby unarmed — Deceased’s daughter-PW 1 witnessed the incident — Conviction and sentence of Al to A6 for the offences punishable w/ss. 120-B read with s. 302, s. 148 and s. 302 and A7 for the offence punishable u/ss. 147, 109 read with s. 302 — However, A8 to A13 acquitted of all the charges — Order of trial court upheld by High Court — On appeal, held: Cogent and convincing evidence of PW1, corroborated by PW65 — PWI was not named in the inquest report as also first informant not named PW1 in the complaint, such omission not fatal - PWI’s statement cannot be rejected only on the ground that she is an interested witness — Statement of PW1 corroborated by the medical examination — PWI saw the assailants at night because there was sufficient light to see them — No inordinate delay in conducting the TIP — Joint TIP would not affect the validity of TIP — Murder of the doctor proved by the aid of the eye-witnesses — Conspiracy proved beyond reasonable doubt between Al to A6 — Conviction of Al to A6 based on proper appreciation of evidence, thus, does not call for interference — A7 was charged for the offence u/s. 109/302 along with A8 to A13 on the basis of the conspiracy hatched and A8 to 413 have been acquitted — Offence of s.147 not proved beyond reasonable doubt and A7’s presence doubtful — Thus, A7 not liable for abetment to commit murder by Al to A6 and his conviction is set aside. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2016 INSC 314 |
Petitioner | Shelkh Sintha Madhar @ Jaffer @ Sintha Etc |
Respondent | State Rep. By Inspector Of Police |
SCR | [2016] 2 S.C.R. 936 |
Judgement Date | 2016-04-13 |
Case Number | 2118-2119 |
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