Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | day of general election Penal Code 1860: ss. 327 and 147 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss. 327 and 147 – Prosecution case was that on the day of general election PW-8 was issuing slips to the voters 200 yards away from polling booth – Accused persons who belonged to another village came there armed with lathis, sticks and country made pistols and asked PW-8 to stop issuing voter slips and hand over voter list and on refusal by PW-8 started beating him with hands, fists, lathis and sticks – When PW-10, the brother of PW-8 came to rescue him, accused-‘D’ fired gun shot at PW-10 due to which he received pellet injuries – Accused-‘A’ fired at PW- 12 – Thereafter villagers rushed there and accused persons ran from the spot – Conviction of accused under ss. 327 and 147 – Appeal against conviction – Held: PW-5, PW8, PW10 and PW12 were injured eye-witnesses – Their injuries were established and proved by evidence of doctor who examined them – All the witnesses fully supported the case of prosecution – Even some of the accused sustained injuries and they failed to explain their injuries in their s. 313 statements – Presence of independent witnesses and the injured eye-witnesses at the place of incident was natural – All the witnesses were consistent in their statements and fully supported the case of prosecution – No error in order of conviction – Interference not called for. Penal Code, 1860: s. 323 – Injury report – Absence of – Effect on prosecution case – Held: Production of an injury report for offence under s.323 is not a sine qua non for establishing the case for offence under s.323 – s.323 is punishable section for voluntarily cause hurt – Even causing bodily pain can be said to be causing ‘hurt’. Penal Code, 1860: s.147 – Presence of all the accused persons at the time of incident was established and proved by prosecution witnesses – They formed unlawful assembly in prosecution of common object i.e. to snatch the voters list and to cast bogus voting – Appellants were rightly convicted under s.147. Sentence/sentencing – Booth capturing and bogus voting – Essence of the electoral system should be to ensure freedom of voters to exercise their free choice – Therefore, any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy – Nobody can be permitted to dilute the right to free and fair election – However, in the instant case State did not prefer any appeal against imposing of only six months simple imprisonment, no interference with sentence order made – Electoral system. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 352 |
Petitioner | Lakshman Singh |
Respondent | State Of Bihar (now Jharkhand) |
SCR | [2021] 6 S.C.R. 723 |
Judgement Date | 2021-07-23 |
Case Number | 606 |
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