Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1973 Section 357(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, (Act 45), 1860 Section 300 r/w 149 - Scope ofCriminal Procedure Code, 1973 Section 357(3) (=s. 54 of 1898 Code) object of order, to pay compensation to the victim or members of the family explained.The deceased Mewa Singh is the brother of the two accused Sarwan Singh and Bachan Singh and the paternal uncle of two other accused Karnail Singh and Zora Singh sons of Sarwan Singh, Malkait Singh the other accused is the son-in-law of Sarwan Singh. They are thus close relatives and there was a dispute over a common khal of the land and pahi. The deceased had put an application before the Revenue Authority against the accused and the matter was pending when the occurrence took place on 8-9-1969. The deceased was attacked by the accused with deadly weapons resulting in as many as 27 injuries of which injuries 2 and 3 were grievous. The deceased died the next day in the civil hospital. The cause of death was shock and haemorrhage and the injuries were ante-mortem and sufficient in the ordinary course of nature to cause death. The trial court found all the five accused guilty under s. 302 read with s. 149 I.P.C. and punished them taking the view that once the existence of injuries sufficient to cause death is proved, the intention to cause death will be presumed unless the evidence or the circumstances warrant an opposite conclusion. The High Court in appeal found that the common object was clearly to kill the deceased and that the offence fell under s. 300. Thirdly read with S. 34 IPC and_ accepted the trial court's Judgment. |
Judge | Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 148 |
Petitioner | Sarwan Singh & Ors Etc |
Respondent | State Of Punjab |
SCR | [1979] 1 S.C.R. 383 |
Judgement Date | 1978-08-30 |
Case Number | 59-60 |
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