Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:s. 300 Exception 1 and 4, s. 302 and s. 304 Part I - Sudden fight between accused and deceased-Accused stabbed deceased - Courts below held accused guilty under s. 302 - Accused pleading applicability of Exception 4 of s. 300 - Held: Exception 4 of s. 300 is applicable as accused had not taken undue advantage or acted in cruel or unusual manner - Fight suddenly took place and there was no pre-meditation - Appropriate conviction under s. 304 Part-I and not under s. 302 - Conviction altered accordingly.Evidence: Related witness - Testimony of - Evidentiary value of.Medical evidence - Primacy of, over ocular evidence - Propriety of - Held: It is not proper to accord undue primacy to medical opinion pointing to alternative possibility when statements of eyewitnesses are found credible and trustworthy.Prosecution case was that A-1 was the nephew of deceased, A-2 was brother of deceased, A-3 was wife of A-2 and A-4 was the brother of A-1. The deceased and accused persons were not in good terms and had been quarrelling with each other over bore water for the fields.On the fateful day, A-1 asked the deceased as to why he scolded the mother of A-1. PW-1, wife of the deceased caught hold of the hands of A-1. A-4 came and attempted to beat the deceased. PW-1 pushed the younger brother of A-1. A-1 stabbed the deceased at the instigation of A-2 with a knife. Deceased died as a result of injuries sustained by him.The charges were framed under s. 302 IPC against A-1 and A-3. The Sessions Judge accepting the evidence of P.W s. 1 to 4, to be cogent and credible, held that A-1 caused injuries to the deceased and therefore convicted for offence punishable under s. 302 IPC. Benefit of doubt was given to A-3 and accordingly he was acquitted. The High Court upheld the conviction of A-1.In appeal to this Court, A-1-appellant contended that PW1 to 4 were related to the deceased and therefore their version is tainted; that the medical evidence rendered the ocular version improbable; that the occurrence took place in course of sudden quarrel and, therefore, the trial court and the High Court were not justified in holding the accused-appellant guilty of offence punishable under s. 302 IPC and that Exception IV to s. 304 IPC would apply to the facts of the case. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1170 |
Petitioner | D. Sailu |
Respondent | State Of A.p. |
SCR | [2007] 12 S.C.R. 397 |
Judgement Date | 2007-11-20 |
Case Number | 1592 |
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