Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – ss.302 r/w 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – ss.302 r/w 34 – Appellants convicted u/ss.302 r/w 34, sentenced to life imprisonment – Affirmed by High Court – On appeal, held: FIR was rightly relied upon by the courts below as dying declaration of the victim-deceased – FIR itself referred to the presence of PW1 (wife of deceased) and PW2 (sister- in-law of the deceased) – Testimony of both these witnesses disclosed that the appellants opened an assault on victim which led to his death – Recoveries of the weapons in question viz., lathi, sword and axe also lend sufficient corroboration to the prosecution’s case – Conviction and sentence recorded by the courts below, insofar as the two appellants are concerned, affirmed – Third appellant ‘AR’, though is also guilty of the offence charged, but was juvenile in terms of the 2000 Act thus, the sentence of life imprisonment imposed upon him is set aside – Matter remitted to Juvenile Justice Board for determining appropriate quantum of fine to be levied on him – Juvenile Justice (Care and Protection of Children) Act, 2000 – s.20 –Juvenile Justice Act, 1986 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – ss.3(1)(10), 3(2)(5). Juvenile Justice (Care and Protection of Children) Act, 2000 – s.20 – Effect of – Discussed. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2021 INSC 118 |
Petitioner | Devilal And Others |
Respondent | State Of Madhya Pradesh |
SCR | [2021] 1 S.C.R. 592 |
Judgement Date | 2021-02-25 |
Case Number | 989 |
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