Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | criminal murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Indian Penal Code, 1860: Sections 34,148,149,302,304 and 323: Murder-Common intention-Inflicting injuries with knowledge that the injuries may cause the death of victim -Except one, other accused did not have such knowledge-Effect of-Modification of sentence in respect of those accused-Accused who had knowledge and who inflicted vital injury-Absence of common intention in causing such injury-Sentence Altered.The appellants and two others were charged with and tried for offences under Sections 148, 302, 149 and 323/149 IPC for causing the murder of one S and causing simple hurts to one R, both related to the accused. The Trial Judge acquitted one of the five accused since no part of the actual occurrence except exhortations were attributed to him and convicted the other four accused under section 302/34 and 323/34 IPC, and sentenced them to life imprisonment and 6 months rigorous imprisonment respectively. On appeal, the High Court acquitted one more accused on the ground that the medical evidence did not corroborate the claim that he used his kirpan with force as alleged by the prosecution. The appeal preferred by the complainant against this acquittal, was dismissed by this Court. The other three accused whose conviction and sentence were confirmed by the High Court, have preferred the present appeals. It was contended on behalf of the appellants that the prosecution case has been discredited by the Courts rendering the same unacceptable resulting in the acquittal of two accused and for the same reasons, they also deserved acquittal. It was also contended that the evidence.regarding recovery of weapons did not inspire confidenct. |
Judge | Honble Mr. Justice M.M. Punchhi |
Neutral Citation | 1992 INSC 112 |
Petitioner | Darbara Singh And Another Etc. |
Respondent | State Of Haryana And Ors. |
SCR | [1992] 2 S.C.R. 586 |
Judgement Date | 1992-04-21 |
Case Number | 716 |
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