Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | benefit of Exception 4 to s.300 ss. 302 IPC Murder 323 and 324 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – ss. 302, 323 and 324 – Murder – There was some dispute between the parties – Prosecution case was that panchayat was called to settle the dispute – Since, Pradhan of the Panchayat was indisposed, the Panchayat was not held – Thereafter, PW-2, his sister victim-deceased, his wife PW-7, PW-13 and son of PW-2 were standing outside the house of PW-2 and talking among themselves – While they were standing, all accused persons (A-1, A-2, A-3, A-5 and A-9) came armed with sickles, iron pipe and wooden staffs and attacked victim – Victim died – High Court convicted A-1 & A-2 u/s. 302 IPC, A-3 u/s. 324 IPC and A-5 & A-9 u/s. 323 IPC – Accused contended that there was a free fight on both sides and that there was no evidence to show that there was prior meeting of minds and further urged that offence was not of murder but culpable homicide not amounting to murder – Held: The version of all the eye-witnesses against the accused persons was similar – Medical evidence also fully corroborated the version of all the eye-witnesses – Insofar benefit of Exception 4 to s.300 is concerned, evidence indicated that all accused persons came armed – The fact they were armed indicated that the occurrence did not take place in the heat of passion, upon a sudden quarrel – A-1 had hit the deceased on head with a sickle with such a great force causing fracture of the skull, bringing the case within clause ‘Fourthly’ of s.300 IPC – Therefore, there is no reason to alter the sentence and conviction of A-1 – However, A-2 had given blow with an iron pipe on back of the neck of the deceased, which only caused abrasions – Therefore, his conviction u/s.302 altered to s.324 IPC – Insofar as conviction of A-3, A-5 and A-9 is concerned, there is no reason to interfere with the judgment of the High Court. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1094 |
Petitioner | Guru @ Gurubaran & Ors. |
Respondent | State Rep. By Insp. Of Police |
SCR | [2019] 12 S.C.R. 1064 |
Judgement Date | 2019-09-27 |
Case Number | 1893 |
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