Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 148 and 302 read with Section 149 Penal Code 1860-Sections 147 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code 1860 - Sections 147, 148 and 302 read with Section 149 - Common intention or object - Failure of the prosecution to ascribe specific role played by some of the accused persons - Effect of - Six accused persons faced trial for causing multiple injuries to the deceased with the respective weapons in their hands - No specific overt act ascribed to A2 and A3 except general version that all accused persons surrounded and assaulted the deceased - Eye witnesses assigning specific role played by the other accused persons - Held, it would be unsafe to convict A2 and A3 by taking recourse to Section 149 IPC as necessary ingredients to attract Section 149 are totally absent - Convictions of remaining accused upheld. Constitution of India - Article 136 - Re-appreciation of evidence by this Court - Evidence could be scrutinised to find out whether exaggerations and embellishments render the entire evidence untrustworthy. Criminal Procedure Code, 1973-Section 154 - FIR - Held, need not been encyclopedia of evidence - Basic prosecution case needs to be given in it. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 166 |
Petitioner | Manoj@ Bhau And Ors. |
Respondent | State Of Maharashtra |
SCR | [1999] 2 S.C.R. 487 |
Judgement Date | 1999-04-08 |
Case Number | 334 |
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