Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death of victim by burn injuries ss. 34 304(Part-JI) 323 and 324 Common intention |
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: ss. 34, 304(Part-II), 323 and 324-Common intention-Death of victim by burn injuries-One accused hitting the victim ,on head by a bottle-Bottle broke and liquid therein spread on victim-Another accused throwing a burning lamp on victim-Victim caught fire-One of the accused stabbing the witness who came to rescue the deceased-Held, accused would not have shared common intention-These are random acts done without meeting of mind Accused hitting the deceased with bottle convicted and sentenced u/s 323- Accused throwing burning lamp on deceased convicted and sentenced u/s 304 (Part-11)-For stabbing the witness accused convicted and sentenced u/s 324. Four brothers, including the two appellants, were prosecuted for murder of one 'R' by setting him afire, and for attempting to murder PWE 1. The prosecution case was that there was enmity between the accused on the one side and the deceased 'R' and his brothers PWs-1 and 3 on the other. On the date of occurrence at about 7:30 P.M. when 'R' was going past the shop of A-2 (appellant No.2); A-1 (appellant No.1) started abusing him and hit a bottle on his head; the bottle broke and the liquid therein spread on him; at that moment, A-2 threw a lighted kerosene lamp on him. R's body caught fire and he rolled on to the ground. As PW-1, was nearby tried to save 'R', three of the accused caught hold of him an_d the fourth one, namely, A-2, stabbed him on the chest. PW-3, who was at a nearby shop, and some others rushed to the scene and all the accused ran away. PWs 3 and 4 took the victims to the hospital. Before 'R' succumbed to his injuries, his dying declaration was recorded. There was also a counter complaint by the accused wherein PWs 1 and 3 and the deceased were accused of quarrelling with and causing injuries to two of the accused. The counter complaint was inquired into after a considerable delay in 1996 and was ultimately termed as a counter-blast on the report of the deceased. A The trial court believed the prosecution case and convicted A-1 u/s 302 2 and s. 324 r/w s. 34 IPC. A-2 was convicted u/ss. 302 and 324 IPC. Both were sentenced to life imprisonment. A-3 and A-4 were convicted and sentenced u/s. 302 r/w s. 34 and s. 324 r/w s. 34 IPC. On appeal, the High Court set aside the conviction of A-3 and A-4 u/s 302 r/w s. 34 IPC and B convicted A-1 and A-2 u/s 302 r/w 34 IPC. Conviction of all the four u/s 324/34 was maintained. Aggrieved, A-1 and A-2 filed the present appeal. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2005 INSC 283 |
Petitioner | Sree Vijayakumar And Anr. , |
Respondent | State, By Inspector Of Police, Kanyakumari |
SCR | [2005] Supp. (1) S.C.R. 398 |
Judgement Date | 2005-05-13 |
Case Number | 627 |
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