Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 324/149 and 323/149 - Murder - Common intention 302 Penal Code 1860 - ss.302/149 |
Content Type | Text |
Resource Type | Law Order |
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 Allowed |
Headnote | Penal Code, 1860 - ss.302/149, 302, 324/149 and 323/149 - Murder - Common intention - Enmity between the parties as daughter of one of the accused was teased - Seven accused armed with weapons raised lalkara threatening retribution - Injuries inflicted on 'RS' and 'BS' by accused-'GS' and 'SS' - 'BS' succumbed to his injuries - Conviction of accused 'GS', 'SS' and two others whereas acquittal of the remaining accused - Upheld by the High Court - On appeal, held: Injury was caused directly and deep into the stomach of the victim, a very vital part, which led to death within a short time - Thus, it cannot be said that there was no intention to cause that very injury which ultimately led to the death of the victim - Accused were all of one family and they were annoyed with the members of the victim family - They lived close together in the same locality and had come out armed and raised a lalkara that the opposite party be done away with and thereafter, the injuries had been caused to 'RS' as well 'BS' - One injury proved fatal for 'BS' - Thus, a case of common intention is made out - Perusal of the injury attributed to 'SS' on the person of deceased would indicate that it is of very small dimensions and there is a clear doubt as to whether an abrasion could be caused with a lathi which 'SS' was said to be carrying - Therefore, 'SS' is given benefit of doubt and is acquitted - However, conviction of the other accused is upheld. |
Judge | N/A |
Neutral Citation | 2011 INSC 321 |
Petitioner | Gurmail Singh |
Respondent | State Of Punjab |
SCR | [2011] 5 S.C.R. 550 |
Judgement Date | 2011-04-20 |
Case Number | 974 |
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