Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murderous assault Identification of accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s. 302 and s, 02 r/w. 120-B Murderous assault leading to death of a person when he was taking a walk in the park adjoining his house - three accused 'B', his nephew ''S' and nephew's friend 'R' - Conviction of all the three accused, by-the Courts below - Justification. Held: On facts, justified - 'S' and 'R' had assaulted deceased with a knife which caused his death - However, 'S' and 'R' had nothing to gain by eliminating 'G' - They had-no conflict with him - . Evidence not demonstrating instances of any personal · ·motive borne by 'S' and 'R' against the deceased and the only reason why they killed the victim is that 'B' master minded the murder - 'B' was opposed to 'G' and wanted to get the Chairman ship of the Educational trust of which the deceased E was the Chairman - Relationship between deceased and his wife (PW1) on the one hand and 'B' and 'his wife on the other hand was completely hostile ..., 'B' and his wife had given murder threats to deceased and also threats to rape his daughter - To get the Chairmanship of the Trust or in any F case to remove the deceased was a sufficiently strong motive to have the opponent eliminated particularly when seen in the surrounding circumstances - Motive of 'B' along with other circumstantial evidence sufficient to convict the three accused ~ Evidence of PW1 and other prosecution witnesses was convincing, reliable and trustworthy. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2013 INSC 518 |
Petitioner | Bakhshish Singh |
Respondent | State Of Punjab & Anr. |
SCR | [2013] 16 S.C.R. 589 |
Judgement Date | 2013-08-06 |
Case Number | 1110 |
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