Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Indian Penal Code 1860. Ss. 34, 302-Free fight between rival parties -Two persons shot dead-Whether participants responsible for their individual acts. Code of Criminal Procedure, 1973. S. 313-statement of accused setting up a defence-Not supported by other evidence-Medical evidence-Contrary to defence version -Credibllity_of statement. A dispute in respect of a drain to be dug through the fields of the appellant-complainant led to a quarrel between the complainant party and the respondents no -1 to 4 (all brothers and arrayed as accused nos. 1 to 4 respectively, before the trial court). In which, according to the prosecution case, respondent no. 4 received minor Injuries whereas PW 14 on the complainant's side was seriously injured; and while he was being taken to the city hospital in a tractor trolly accused nos. 1 to 4, armed with rifle, kirpan; gun and sua respectively, challenged the complainant party near the village bus stop. Thereupon deceased-1 with some others got down from the tractor and went forward to pursuade accused no. 1 to keep peace while the latter fired two successive shots hitting deceased-1 and deceased-2 who died on the spot. Accused no3 fired two shots causing Injuries to two other persons of complainant party. Accused no. 3 gave kirpan blows to PW 16 as also to PW 15, who was in the grip of accused no. 4. In the incident, accused· no. 1 also received Injuries. The case originated with the F.I.R lodged by the complainant-appellant (PW 8) and culminated In the trial of the four accused. The prosecution produced the complainant-appellant (PW 8) and the three Injured (PW 14-16) as eye-witnesses. Accused no. 1 in his statement under s .. 313 Cr. P.C. set up a defence plea stating that there was a minor quarrel between the parties in the fields in the presence of Sub-Divisional Officer and on his intervention they returned to the house. After some time when they came to know that the other party was causing injuries to accused no. 4, accused nos. 1 to 3 armed with rifle, kirpan and gun respectively, went there in order to rescue him but PW 15 caught hold of accused no. 1 and the complainant started giving him Takwa blows while deceased-2 gave him stick-blows and in this process the rifle went off. He further stated that accused nos. 3-4 also suffered injuries. The trial court, accepting the eye-witness testimony and rejecting the "defence plea, held that the accused party was aggressor and as such charges against them were proved beyond reasonable doubt. It convicted accused no. 1 under s. 302 IPC and each of accused Nos. 2, 4 under s. 302 read with s. 34 IPC, and sentenced all of them to imprisonment for life. They were also awarded sentence of fine. The trial court further .convicted accused nos. 2 to 4 under s. 307 & 325 IPC, 326 IPC, and 323 IPC respectively, and also convicted all the accused under these sections with the aid of s. 34 IPC. Accused nos. 1 and 3 were also convicted under the Arms Act. On appeal, the High Court, accepting the defence version as more probable that of the prosecution, reversed the findings of the trial court, allowed the appeal and acquitted all the accused. Aggrieved, the complainant preferred the appeal by special leave to this Court. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1992 INSC 25 |
Petitioner | Bhagel Singh |
Respondent | Swaran Singh And Ors. |
SCR | [1992] 1 S.C.R. 338 |
Judgement Date | 1992-01-22 |
Case Number | 302 |
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