Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder FIR non-recovery of weapons of offence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - ss. 3021149, 3231149, 148 and 147 - Murder of two and injuries to one, over dispute between parties - Conviction and sentence by Courts below - Sustainability of - Held: Number of injuries inflicted on deceased persons and injured show that large number of persons took part - There was sufficient light for identification of accused - FIR was lodged in short time - Oral testimonies of eyewitnesses was corroborated by medical evidence - Minor contradictions in the evidence of eyewitnesses would not discredit their testimonies in entirety - Non-disclosure of certain facts in FIR and also non-recovery of weapons of offence would not affect the prosecution case - Thus, orders of courts below sustainable except for one accused who is given benefit of doubt - Evidence.According to the prosecution case, over a property dispute 12 armed persons including the appellants attacked JM, JR and M. It is alleged that IA gave exhortation to shoot JM and his brothers. Accused hit JM and JR with lathis resulting in their death and assaulted Mon his head and other parts of the body. First informant ran away from the place of incident and went to PW-6, nephew of JM and JR. PW-6 then lodged the FIR. He also gave his statement. Prosecution examined PW 1-M, injured witness, PW-4- first informant and PW-8. They were also eyewitnesses. Trial court convicted and sentenced the appellants under sections 148, 323/149 and 302/149 IPC. Appellants N, J, UM, R, A and JL were also convicted and sentenced u/s 147 IPC. Aggrieved, appellants filed appeals and the same were dismissed except appeal of D. Hence, the present appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1268 |
Petitioner | Umar Mohammad & Ors. |
Respondent | State Of Rajasthan |
SCR | [2007] 13 S.C.R. 273 |
Judgement Date | 2007-12-12 |
Case Number | 382 |
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