Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | I 860: ss.376 niece of appellant staying with him after strained relations with in-laws-Found dead with gun shot injury-Appellant also with gun shot injury lying unconscious in ac 302-Rape and murder-Deceased Penal Code fjoining room-Trial Court relying on circumstances convicted appellant under s.302 and awarded death penalty and also convicted him under s.376 and sentenced to JO years R.1.-High Court maintained convictions and sentences-Challenge against |
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.376, 302 - Rape and murder - Deceased, niece of appellant staying with him after strained relations with in-laws - Found dead with gun shot injury - Appellant also with gun shot injury lying unconscious in adjoining room - Trial Court relying on circumstances convicted appellant under s.302 and awarded death penalty and also convicted him under s.376 and sentenced to 10 years R.1. - High Court maintained convictions and sentences - Challenge against - Held: There were no injuries on person of deceased to indicate attempt or commission of rape though vaginal swabs and clothes taken from dead body indicated presence of semen - Hence even assuming that sexual intercourse between the two had taken place it cannot be said that it was without consent or against wishes of deceased - Two spent cartridge recovered were fired from gun belonging to appellant - Appellant himself suffered only minor shot injury, which was fired from below going upwards, which showed that weapon had been fired by appellant from close range - Hence, story of unknown assailants causing murder of deceased ruled out and prosecution story that it was appellant who had first shot deceased and then attempted to commit suicide, stands proved - Case of rape not made out - Accordingly appellant acquitted of charge under s.376 but conviction for other offences maintained - Death sentence commuted to life-Evidence - Circumstantial evidence.Prosecution case was that the deceased was niece of the appellant-accused. After strained relations with her in-laws, she came to stay with appellant in his house. On 10.11.2002, she was found lying dead with a gun shot injury. The appellant also with a gun she. injury was lying unconscious on the ground in the adjoining room.Trial Court relying on the circumstances available convicted the appellant under s.302 IPC and awarded death penalty. In addition, he was convicted under s.376 IPC and awarded 10 years rigorous imprisonment and one year simple imprisonment under s.309 IPC. High Court maintained the convictions and sentences. Hence the present appeal. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 1295 |
Petitioner | Ujjagar Singh |
Respondent | State Of Punjab |
SCR | [2007] 13 S.C.R. 653 |
Judgement Date | 2007-12-13 |
Case Number | 1044 |
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