Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.307 r/w s.34 – Grievous injuries on vital parts of the body – Prosecution case was that appellant no.1 stabbed PW-7 with a dagger in her ribs and appellant no.2 stabbed PW-8 with a dagger on right side of his stomach and on left ribs – Trial Court convicted appellants-accused for offence under s.307 r/w s.34 – High Court upheld the order of conviction – On appeal, held: There was no reason to doubt the testimony of the witnesses particularly PW7 and PW8 who were injured eye-witnesses – It was not the case of appellants-accused that the offence occurred out of a sudden quarrel or that the blow was stuck in the heat of the moment – As the deadly weapons were used and injuries were grievous in nature causing injury near chest and stomach which can be said to be vital part of the body, appellants were rightly convicted under s.307 r/w s.34 – Concurrent findings recorded by the courts below holding the appellants guilty do not require any interference in exercise of powers under Art.136 of the Constitution of India. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 719 |
Petitioner | Sadakat Kotwar And Anr. |
Respondent | The State Of Jharkhand |
SCR | [2021] 7 S.C.R. 332 |
Judgement Date | 2021-11-12 |
Case Number | 1316 |
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