Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: S.302 Indian Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860: S.302-Murder-Motive-Relevancy of-Held, motive alleged against accused, if fully established, is a very relevant and important aspect to highlight intention of accused and the approach to be made in appreciating totality of circumstances including evidence disclosed: it provides a foundational material to connect the chain of circumstances-Finding of Courts below that accused, due to enmity, committed murder of deceased intentionally is justified and their conviction is proper and unassailable.The appellants (accused nos. 1 and 2 before the trial court) and some other persons were charged for offences under s.302 and s.307 I.P.C. The prosecution case was that there was enmity between the families of the informant and the accused. Accused no. 1 was the son of accused no. 6 and accused no. 2 was his nephew. Brother of accused no. 2 was alleged to have been murdered by one of the members of the informant's family (the deceased in the present case). On 13.1.1983, when the murder case was still pending, and the deceased accompanied by P.Ws 1, 2, and 8 and some other persons was returning in a bus after attending the said case, the bus stopped at a bus stop at about 6.30 P.M.; meanwhile accused nos. 1, 2 and 6 and some other persons reached there in a car and a jeep; on the instigation of accused no. 6, accused nos. 1 and 2, armed with rifles, went inside the bus and fired at the deceased who died instantaneously; two other co-passengers, P.Ws. 5 and 6, were also injured in the firing. On receiving the information, the police reached the place of occurrence; P.W.8 made a statement of occurrence to the police and on its basis the case was registered. The Investigating Officer sent P.Ws. 5 and 6 for medical examination. He prepared inquest report of the dead body and sent it for autopsy. The post-mortem report indicated that there were injuries caused by firearm on the victim, which resulted in his death. The accused surrendered before the Court and were arrested and charge-sheeted. The trial culminated in conviction of accused nos. 1, 2 and 6. Accused nos. 1 & 2 were convicted under s.302 I.P.C. and were sentenced to imprisonment for life. They were also convicted under s.307 l.P.C. and were sentenced to rigorous imprisonment for seven years. Accused no. 6 was convicted under s.302 read with s.34 IPC and was sentenced to imprisonment for life. All the three accused filed an appeal before the High Court, which set aside the conviction and sentence of accused no. 6 under s.302 read with S.34 IPC and conviction and sentence of accused no. 1 & 2 under s.307 IPC. It, however, affirmed the conviction and sentence of accused nos. 1 & 2 under s.302 IPC. Aggrieved, accused nos. 1 and 2 filed the appeal by special leave.It was contended for the appellants that PWs 1 to 8 were not really eye-witnesses and they were not able to depose as to who fired the final shot and when; there was inconsistency in the prosecution evidence, and the statement in the FIR was not fully substantiated; and that it was not clear whether the injuries to the deceased were caused by rifles or by guns. |
Judge | Hon'ble Mr. Justice K.S. Paripoornan |
Neutral Citation | 1995 INSC 158 |
Petitioner | Prem Kumar And Anr. |
Respondent | State Of Bihar |
SCR | [1995] 2 S.C.R. 455 |
Judgement Date | 1995-03-02 |
Case Number | 434 |
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