Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:ss. 302/34 and 323/34 - Three accused attacking the victims with deadly weapons - One of the victims found dead in the following morning - One of the accused died pending trial - Conviction of two by trial court u/ss 302/34 and 307/34 - High Court maintaining conviction u/s 302/34, but setting aside conviction u/s 307/34 and instead convicting the accused u/s 323/34 - Appeal by one accused - HELD: There is categorical evidence of the injured eye-witness that the accused persons caused serious injuries on the head and other parts of body of the deceased with 'kirpan', 'lohangi and lathi' - The other eye-witness stated that the accused after causing injuries to the deceased threw him in the 'nala' - Medical evidence, the statement of eye-witnesses, the statement of accused leading to recovery of crime weapons, clearly establish that the deceased received serious injuries from the weapons used by the accused, due to which he died - Appellant is guilty of offences punishable u/ss 302/34 and 323/34 IPC and the order of conviction and sentence passed by High Court against him is upheld. s.300- Exceptions I to IV- Three accused attacking two victims with deadly weapons resulting in death of one of the victims - Plea of accused that there was provocation from the side of the victims and the incident happened due to sudden fight - HELD: The defence is not corroborated by evidence on record - From the evidence it is found that provocation came from the side of accused and not from the victims - It was also not a sudden fight as it has been proved that accused were armed with deadly weapons like 'kirpan: 'lohangi' and lathi and they surrounded the victims and gave blows to vital parts of deceased with intention to kill him - Thus, none of Exceptions to s.300 is attracted.FIRDelay in lodging the FIR - Victim attacked at about C P.M. in the night and found dead on the following morning and FIR recorded thereafter - HELD: There is proper and reasonable explanation that as the victim was not found at the place of incident, he was searched throughout the night and only after tracing him in the 'nala' on the following morning and finding him dead, FIR was lodged immediately thereafter. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2011 INSC 377 |
Petitioner | Guru Dev Singh |
Respondent | State Of M.p. |
SCR | [2011] 6 S.C.R. 941 |
Judgement Date | 2011-05-10 |
Case Number | 1125 |
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