Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1910 Supreme Court (Enlargement of Criminal Appellate Jurisd1ct1on) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Supreme Court (enlargement of Criminal Appellate Jurisdiction) Act, 1970 (28 of 1970) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence - Appreciation of evidence in cases of Statutory appeals under s. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 by the Supreme Court - Supreme Court is a court of appeal under the Act and has got to go into all the questions of fact and law and decide cases on merits, unlike its jurisdiction under Art. 136 of the Constitution. Right of private defence of property - Onus to prove right of private defence is on the, defence - S. 97, Secondly read with s. 99 of the Penal Code 1860 (Act XLV), Penal Code s. 149 scope of. Eight accused including the five appellants in this appeal were charged and tried for various offences punishable under the Penal Code, for rioting being armed with deadly weapons and for causing the death of one Pakhar Singh by inflicting grievous hurt and simple hurt to Pritam Kaur (PW-3), his wife. The case of the prosecution as to the motive was that Pakhar Singh, the deceased filed on 28-10-69 a declaratory suit claiming certain lands as his, while his sister also claimed the said lands as hers and; that on the date of the incident the suit was pending and an interim order was passed to the effect that the parties had agreed in respect of the question of possession that Status quo will be maintained; and that an exparte injunction was issued in favour of the deceased; that the accused by the strength of numbers wanted to conclude the litigation by taking forcible possession and therefore with weapons hidden in the field caused grievous injuries to Pakhar Singh out of which injury No. 1 was opined by the doctor as sufficient to cause death in the ordinary course of nature. The Additional Sessions Judge, Patiala found the accused not guilty of the various offences and acquitted them all. But the High Court in appeal by the State against the acquittal maintained the acquittal in respect of three accused but reversed the order of acquittal of the appellants and convicted them under s. 302/ 149, 325/149, 323 /149 and IPC and sentenced them to imprisonment for life and a fine of Rs. 1,000/- each for an offence under s. 302/149, They were also sentenced to rigorous imprisonment for 2 years, 1 year and six months for the offences under s. 325/149, 148 and 323/149 respectively. Hence the statutory appeal under s. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), Act 1970. |
Judge | Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 151 |
Petitioner | Bhajan Singh |
Respondent | State Of Punjab |
SCR | [1979] 1 S.C.R. 527 |
Judgement Date | 1978-08-31 |
Case Number | 194 |
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