Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 147 and 148 Penal Code 1860 - s. 300 exceptions 1 4 s.304 Part I 1149 s. 3231149 |
Content Type | Text |
Resource Type | Law Judgement |
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. 300 exceptions 1, 4; s.304 Part I 149, s. 3231149, s. 147 and 148 - Altercation between the parties, resulted in fatal blow to victim and injuries to prosecution witnesses- Conviction u/s. 3021149, 147 and 148 by courts below - On appeal held: Appellant No. 1 inflicted fatal blow to victim - No specific overt acts attributed to the remaining three accused except omnibus statement - Death caused by the accused was not pre-meditated as the incident took place as a result of sudden and grave provocation .Accused had no common intention to cause death of the victim as only appellant No. 1 had hit the victim with Gandasa on head, without there being any pre-meditation amongst themselves - Injuries were not sufficient in the ordinary course of nature to have caused death - Some of the accused also sustained injuries on their persons, which were caused by complainant party - Thus, the instant case falls under the Exceptions 1 and 4 to s. 300 - Appellant No. 1 held guilty for commission of offences u/ss. 304 Part I 1149, 147, 148 and awarded sentence already undergone that is around 15 years. Other accused held guilty for commission of offences u/ss. 323/149, 147 and 148 and awarded sentences already undergone which is more than 2& 1/2 years. |
Judge | Hon'ble Mr. Justice Deepak Verma |
Neutral Citation | 2011 INSC 297 |
Petitioner | Veeran & Ors. |
Respondent | State Of M.p. |
SCR | [2011] 5 S.C.R. 300 |
Judgement Date | 2011-04-13 |
Case Number | 923 |
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