Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 324 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 Allowed |
Headnote | Penal Code, 1860: s. 324 – Voluntarily causing hurt by dangerous weapons or means – Two police officers mercilessly beat victim in the premises of the police station, who died the same night – Conviction of the accused u/s. 304 (Part II), s. 471/466, s. 342, s. 323 and sentenced accordingly – High Court set aside the conviction u/s. 304 (Part II) r/w s. 34 and s. 342/34, and upheld their conviction u/s. 324/34, s. 323/34 and s. 471/34 – Appeal before this Court – Submissions of the accused that conviction u/s. 324 be compounded by this Court u/s. 320(2) Cr.P.C.; and that the accused are willing to compensate the family of the deceased – Held: Evidence of informant, who was also the eye-witness cannot be discarded because he was agnate of the deceased – Wooden lathi and batten are the weapons of the police force and the injuries having caused to the victim by these weapons, were likely to cause death – Trial court recorded the findings that with mala fide intentions to suppress the injuries, description of injuries were minimized in inquest report by accused – Thus, conviction by the High Court u/s. 324 is sustainable, and upheld – However, as prayed by the accused, offence u/s. 324 cannot be compounded by the Court in exercise of s. 320(2) read with sub-section (5) – Offence was committed by the in-charge of the Police Station as well as the Senior Inspector, posted at the same Police Station – Police of State is protector of law and order – Beating of a person in the Police Station is the concern for all and causes a sense of fear in the entire society – In view of the fact that the accused are more than 75 years of age now, the sentence awarded for conviction u/s. 324 is reduced to six months instead of one year with compensation of Rs.3.5 Lakhs each to the legal heir of the deceased in addition to the compensation awarded by the High Court – Code of Criminal Procedure, 1973 - s. 320(2) and (5) – Compensation – Witnesses. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2021 INSC 80 |
Petitioner | Pravat Chandra Mohanty |
Respondent | The State Of Odisha & Anr. |
SCR | [2021] 4 S.C.R. 407 |
Judgement Date | 2021-02-11 |
Case Number | 125 |
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