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 |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PENAL CODE, 1860 :ss. 302, 376 and 392 t- Conviction and sentence of death awarded by trial court finding the chain of circumstantial evidence complete - Conviction upheld and death sentence confirmed by High Court - Held :On the basis of oral evidence, the post mortem report, the evidence of the doctor who conducted the autopsy, the medical examination of, injuries on the person of the accused, his extra judicial confession made to the doctor who examined him, the forensic report the report of the Finger-Print Expert and the recoveries made from the house in occupation of the accused, the courts below rightly held that the accused, and none else, committed the offences -All the witnesses who claimed to be present at or near the place of occurrence remained unshaken in cross-examination, thereby completing the chain of circumstantial evidence in a manner that clearly indicates that no one other than the accused committed .the offences with which he was charged. His conviction, therefore, upheld Keeping in view the antecedents of the accused, the stolen/robbed articles recovered from the rented accommodation in his occupation,his remorseless attitude indicated by the fact that two days after the incident in question he was apprehended by public for attempting similar offences, the manner in which the offences of rape and murder were committed by him, it has rightly been held by the courts below that the accused is a menace to society and incapable of rehabilitation -The sentence of death is, therefore, confirmed -Sentence/ sentencing -Evidence -Circumstantial Evidence -Test Identification Parade -Extra-judicial confession - Identification of Prisoners Act, 1920 - s. 5 - Karnataka Police Manual. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2011 INSC 89 |
Petitioner | B.a. Umesh |
Respondent | Regr.gen.high Court Of Karnataka |
SCR | [2011] 2 S.C.R. 367 |
Judgement Date | 2011-02-01 |
Case Number | 285-286 |
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