Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 302 r/w s. 34 Penal Code |
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 Dismissed |
Headnote | Penal Code, 1860: s. 302 rw s. 34 – Murder – Previous animosity between the parties – On the fateful day, accused persons attacked the victim and two others with knives, resulting in victim’s death, and injuries to other two - Conviction and sentence u/s. 302 rw s.34 and s. 135(1) of the Bombay Police Act – High Court while upholding the conviction, extended benefit of s. 428 CrPC – Interference with – Held: Not called for – On examination of entire evidence of all the witnesses with reference to medical and other evidence on record, it is clear that the prosecution proved the guilt of the accused beyond reasonable doubt – All the accused committed the offence with a common intention and all participated in committing the crime – Role attributed to accused fully supported by the injured witnesses as well as the deposition of investigation officer – Testimony of the injured witness is natural and trustworthy – Contradictions sought to be projected in the deposition of injured witnesses are minor contradictions which cannot be the basis to discard their evidence – Omissions like non-seizing of motorcycle and gold chain of one of the victims, not a ground to discredit the testimony of key witnesses who were consistent, natural and trustworthy – Criminal trial – Evidence – Witnesses. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 274 |
Petitioner | Kalabhai Hamirbhai Kachhot |
Respondent | State Of Gujarat |
SCR | [2021] 4 S.C.R. 239 |
Judgement Date | 2021-04-28 |
Case Number | 216 |
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