Content Provider | Supreme Court of India |
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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 Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 302 and 304 (Part-II) - Accused hit the victim on his head with deadly weapon, resulting in his death - Convicted u/s. 302 and sentenced to life imprisonment by trial court - High Court converted the sentence from s. 302 to s. 304 (Part-II) as accused had already undergone detention for more than six years - On appeal held: Order of conversion of sentence not justified - In the background of the consistent evidence, it cannot be said that accused had no intention to kill the deceased - There was some pre-meditation on the part of accused when he went to his house after a minor scuffle and came back armed with a deadly weapon and in furtherance of that intention struck the deceased with that weapon repeatedly at a vital part of his body - Also, none of the ingredients to bring the case under exception (4) to s. 300 proved - Thus, order of High Court is set aside and that of the trial court is restored. Constitution of India, 1950 - Article 136 - Order of acquittal passed by the High Court - Interference with - Held: Is permissible, when consideration by the High Court is, misconceived and perverse. Administration of criminal justice - Possibility of two views - One pointing to the guilt of the accused and other his innocence - Courts to adopt view in favour of accused. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 410 |
Petitioner | State Of Rajasthan |
Respondent | Islam |
SCR | [2011] 6 S.C.R. 988 |
Judgement Date | 2011-05-24 |
Case Number | 1318 |
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