Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | conviction of accused by courts below upheld. B c s.34-Applicability of- Nature and scope of-Discussed. Penal Code 1860: s. 302 read with s. 34 - Conviction under -Accused beating deceased to death with la/this and Kant his due to enmity - Conviction by courts below - Correctness of - Held : Jn view of the facts of the case and the legal principles |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 302 read with s. 34 - Conviction under - Accused beating deceased to death with la/this and Kant his due to enmity - Conviction by courts below - Correctness of - Held : In view of the facts of the case and the legal principles, conviction of accused by courts below upheld. s.34 - Applicability of - Nature and scope of - Discussed.According to the prosecution case, on account of enmity of litigation between the parties, accused persons murdered 'GD'. On the fateful day, three accused armed with lathis and one accused armed with Kanthi beat 'GD'. The complainant and 'JN' who were with 'GD' cried for help. Accused 'RP' and 'SR' beat complainant with Lathis. 'GD' succumbed to her injuries. FIR was lodged. The investigations were carried out. Accused were charged under section 302 read with section 34 and section 323 read with section 34 IPC. The trial court relying on testimony of complainant and 'JN', convicted and sentenced the accused under section 302 read with section 34 IPC. Appellant 'SR' and 'RP' were also convicted under section 323 read with section 34 IPC. However, during pendency accused 'RP' died, and thus his appeal abated. The High Court upheld the order. Hence the present appeal. Appellant-accused persons contended that even if prosecution version is accepted in totality, offence under section 302 is not made out, much less by application of section 34 IPC. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1259 |
Petitioner | Sewaram And Another |
Respondent | State Of U.p. |
SCR | [2007] 13 S.C.R. 165 |
Judgement Date | 2007-12-11 |
Case Number | 1695 |
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