Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s. 302 r. w. s. 149 ands. 120-8 - Murder |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s. 302 r. w. s. 149 and s. 120-8 - Murder, Dispute over school land between the victim-deceased and his son on one hand and the accused on the other -Deceased was the village sarpanch - FIR described that two sikh youths aged 25130 wearing kurta pajamas came to the house of deceased carrying rifles and asked him to settle the dispute over school land - Deceased was taken from his house by them - The lambardar and the member of panchayat were also taken - Son of the deceased followed them - The two sikh youths in the presence of other accused fired at the deceased resulting in his death - FIR recorded after 8 hours - Appellants arrested after 6 months of incident and identified for the first time in court by son of the deceased as those two sikh youths - Conviction of appellants u/s.302 r. w. s. 120-8 - High Court upheld the conviction - On appeal, held: The physical description of the appellants given in FIR would fit millions of youth in Punjab and could not by itself pin the murder on them - Prosecution did not come out how the investigation led to their identification as the primary assailants - The sub-inspector who arrested the appellants was not examined - There was substantial improvement in the statement made by son of deceased in court vis-a-vis statement made before the police - No threat was ever received by the deceased from appellants prior to the incident - Statement of lambardar was uncertain and he also made very substantial improvements in his evidence - The appellants were not properly identified and, therefore, their involvement is ruled out. |
Judge | N/A |
Neutral Citation | 2011 INSC 78 |
Petitioner | Sukhbir Singh And Anr. |
Respondent | State Of Punjab |
SCR | [2011] 3 S.C.R. 581 |
Judgement Date | 2011-01-27 |
Case Number | 1198 |
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