Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860 : Section 302 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860 : Section 302-Pre- planned murder-Accused assaulting the deceased with determination-Extensive injury-Instantaneous death of deceased-These factors disclosed intention of the accused to cause fatal injury to the deceased-Conviction upheld. The appellant was convicted under section 302 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for life.According to the prosecution, the deceased had gone to see off a tractor driver and did not return home till night. His father, PW4 and mother, PW5 went out in search for him. They met the deceased on the way and started towards their home. The appellant suddenly emerged from behind a heap of manure and assaulted the deceased on his neck. He also did not spare PW4, his own brother. On alarm being raised the appellant fled away with his weapons. When PW4 and PW5 went near the deceased they found him dead. A First Information Report was lodged and a post- mortem was held.On the basis of the evidence adduced on behalf of the prosecution including that of PW4 and 5, the Trial Court came to the conclusion that the charge levelled against the appellant was fatty established. In the appeal before this Court, on behalf of the appellant it was contended that the intention of the appellant was only to give a thrashing to the deceased as he was suspected to have stolen his cauliflowers; and that he could not have intended the death of the deceased. |
Judge | N/A |
Neutral Citation | 1995 INSC 133 |
Petitioner | Inder Singh |
Respondent | State Of Punjab |
SCR | [1995] 2 S.C.R. 288 |
Judgement Date | 1995-02-23 |
Case Number | 36 |
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