Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Commission of abduction and murder IPC Section 364 and 302/34 S. 106 evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860-Section 364 and 302/34-Commission of abduction and murder-Conviction affirmed by High Court under section 364 and 302/ 34-Justification of-Held: There was evidence regarding abduction of the victim with an intention to dispose him of as to put him in the danger of being murdered-However, evidence of witnesses regarding criminal conspiracy, beatings given to victim and recovery not inspiring confidence-Also High Court wrongly relied on rule of burden of proof under section 106 of the Evidence Act and drew an inference that the abductors murdered the victim when facts were especially in the knowledge of abductors and they did not give any explanation as to what happened after abduction-Hence, conviction under section 364 justified however, set aside under section 302/34-Evidence Act, 1872-Section 106. It is alleged that the appellant along with other accused persons abducted and murdered R. Sessions Court convicted all of them under section 302/149, 148 and 201 IPC. Appellants were also convicted under section 364 IPC. However, High Court convicted and sentenced the appellants under section 364 and section 302/34 IPC and acquitted the other accused persons. Hence the present appeal. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 268 |
Petitioner | Murlidhar And Ors. |
Respondent | State Of Rajasthan |
SCR | [2005] Supp. (1) S.C.R. 175 |
Judgement Date | 2005-05-09 |
Case Number | 355 |
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