Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Children Act, 1960 (60 of 1960) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860-Section 302-Conviction under- Absence of motive in a case of circumstantial evidence-Relevancy of-Accused and deceased 'children' defined in tire Children Act, 1960- Juvenile-Innocence--Presumption of-Prosecution's duty. The prosecution's case was that a few days before the incident the accused-appellant's grand father suffered heart attack and on his hospitalisation, accused's parents were attending on him.The deceased, who was the aunt of the accused and daughter-in-law of accused's grand father came to see her ailing father-in-law. Thereafter the deceased went to her father-in-law's one room house in the village, where the accused was staying alone and stayed for 8/10 days. The accused was aged about 16 and his aunt, the deceased was aged 17/18. On 29.10.1968 at about noon time, the neighbours heard a gun-shot sound from the accused's house. On reaching the accused's house they found the deceased lying dead on the Door and a 12 bore gun on the bed. One of the neighbours was an uncle of the accused, to whom, the accused told crying, "run uncle what has happened". The trial Court convicted the appellant for murder and sentenced him to imprisonment for life. Accused's appeal was dismissed by the High Court, against which by special leave this appeal was filed. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1992 INSC 43 |
Petitioner | Sakharam |
Respondent | State Of Madhya Pradesh |
SCR | [1992] 1 S.C.R. 638 |
Judgement Date | 1992-02-12 |
Case Number | 370 |
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