Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 Penal Code |
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; Ss. 302 & 324:Murder - Testimony of eyewitnesses - Accused and accomplice armed with weapons forming unlawful assembly attacked deceased and others resulting in death of deceased and injury to others - Trial Court found accused-appellant No.1 guilty of committing murder convicting him u/s. 302 IPC and sentencing him to life imprisonment and found accused Nos. 8, 9 & 10 of committing offence u/s. 324 and sentencing them to one year rigorous imprisonment - Affirmed by High Court - On appeal, Held: Prosecution witnesses not only described the incident in detail but also identified the crime weapons which were seized at the instance of accused persons - No cogent reasons advanced by accused to disprove trustworthiness of PWs. - Their evidence believed by Courts below-Intention to commit murder of the deceased and bodily injury to others by accused gathered from the backdrop of events and circumstances attending thereto - Infliction of single injury on the deceased by itself is not a relevant factor to hold that assailant had no intention to commit murder of the deceased - Hence, there exist no reason to differ with the order of the Courts below - Criminal trial - Testimony of prosecution witnesses - Trustworthiness.According to the prosecution, on the fateful day, when a procession was taken out by the people in the village for celebrating a festival, the accused persons who were 11 in number allegedly formed an unlawful assembly with an object of committing murder of PWS and others to take revenge from them, as earlier one of them, the deceased, had instituted a criminal case against the accused persons. They were carrying weapons. Accused No.1 and accused No.3 had instigated others to commit murder of PW-5. Accused No.4 attacked PW-5 with a stick causing a fracture on his right hand. When the deceased intervened, accused No.4 instructed accused No.2 to kill him also. Consequently, accused No.2 caught hold of the hands of the deceased, whereas accused No.6 caught hold of his shoulders, and accused No.7, appellant No.1 stabbed him with a knife on his chest and also caused an injury on PW-1, whereas accused No.8 attacked PW-1 with a cycle chain causing an injury on his head. Appellant No.3 - accused No.9 attacked PW-3 with a knife on his nose and head whereas accused No.10 attacked PW-3 with a cycle chain and caused injuries to him. A First Information Report was lodged immediately after the occurrence by the victims. Out of 11 accused, only accused No. 7 and 8 to 10 were convicted and sentenced by the trial Court. Accused No. 7 was convicted for committing the offence punishable u/s. 302 IPC and sentenced to undergo life imprisonment; accused Nos. 8 to 10 were convicted for committing the offence punishable u/s. 324 IPC and they were sentenced to undergo 1 year rigorous imprisonment. Appeal filed thereagainst was dismissed by the High Court. Hence the present appeals.Counsel for the accused-appellants contended that appellant No.1 having inflicted only one blow with a knife on the deceased, the offence, if any, committed by him falls under Section 304 Part II of the Indian Penal Code and not under Section 302 thereof; and that all the other accused having caused only simple injuries, sentence of one year's rigorous imprisonment is on the higher side. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1220 |
Petitioner | Murugan & Ors. |
Respondent | State Through Inspector Of Police, Tamil Nadu |
SCR | [2007] 12 S.C.R. 852 |
Judgement Date | 2007-12-04 |
Case Number | 1276 |
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