Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | criminal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860:Sections 34, 302, 326, 449-Accused setting up plea of alibi-Burden of proof- Misdescriptions/omissions in FIR-Effect of-Eye-witnesses account-Taking of-High Court setting aside acquittal and recording conviction-Validity of. The appellant, who was in military service, his two brothers and two others were charged with the offences of criminal trespass, murdering the Sarpanch of the Village Panchayat and causing grevious hurts to PW2. Two more accused were charged for having burnt the wheat bundles belonging to the deceased. The Trial Court acquitted the appellant and two others extending to them the benefit of doubt. Appellant's two brothers were convicted for offences under Sections 149, 302/34 IPC and 326/34 IPC. The remaining two accused were convicted for an offence under section 435 IPC. On appeal, the High Court acquitted the two accused convicted under Section 435 IPC and convicted the appellant and his two brothers for offences under sections 449, 302/34 IPC and 326/34 IPC. The appellant has preferred the present appeal, against his conviction and sentence of life imprisonment as also the fine imposed on him. The appellant contended that he was falsely implicated in the case; that there was confusion about the names of the accused; that he left the village in the evening at 4.00 p.m. prior to the alleged commission of offence which took place at about 10.30 p.m. in the night. Thus the appellant set up a plea of alibi, stating that he left the village much prior to the alleged offence in order to join his unit in the Military where he was serving. |
Judge | Honble Mr. Justice M.M. Punchhi |
Neutral Citation | 1992 INSC 127 |
Petitioner | Surjit Singh Alias Gurmit Singh |
Respondent | State Of Punjab |
SCR | [1992] 2 S.C.R. 786 |
Judgement Date | 1992-04-28 |
Case Number | 809 |
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