Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | murder criminal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860: Sections 302/120-B, 302134 & 304 Part IIMurder-Trade Union rivalry-Attack by a number of accused with iron c rods and iron pipes-Trial-Conviction of some accused and acquittal of others- Reliance on testimony of witnesses vis-a-vis convicted accused and rejection of their testimony vis-a-vis acquitted accused--Legality of-Held where injuries are caused by a number of persons Court should ascertain the common intention of convicted accused-Nature of injuries and weapons accused used held altered relevant from for Sections determining 302/34 the to one common under intention-Conviction 304 Part II.Maxim- Falsus in uno falsus in omnibus-Applicability of. Penology-Conviction-Accused suffered imprisonment for more than five years and on bail for more than a decade- No criminal activity by accused during this period-Held not desirable to send him back to jail- Sentence reduced to imprisonment already undergone. Constitution of India,1950: Article 136: Appeal by Special Leave--Reappraisal of evidence - Concurrent findings of facts by Court below-Interference with. The appellants, A-2 and A-3, along with five coaccused were prosecuted under Section 120-B read with Section 320 IPC as well as under Section 302 read with Section 34 IPC. Besides the co-accused were also prosecuted for various other offences. It was alleged that the accused persons conspired together to murder PC, Ex-Vice President of the Peravai Workers' Union, and in pursuance of the 'Same committed his murder. According to the prosecution case there was trade union rivalry between the group of the deceased and the group of accused persons. The eye witnesses deposed that on the date of occurrence A-2 was questioning PW-22 as to why he bad distributed pamphlets for a meeting to be conducted under the auspices of PC and at that time PC arrived there. Thereafter, A-2 to A-7 assaulted him with iron rods and iron pipes. Prosecution witnesses who tried to intervene also received injuries at the hands of accused persons. Further, when PC tried to escape the accused persons chased him and exhorted to do away with him and thereupon they again assaulted him indiscriminately with iron rods, as a result of which, he died. The Post Mortem report showed that the deceased suffered 32 injuries and that the head injury was sufficient to cause death in the ordinary course of nature. The Trial Court did not accept the testimony of the prosecution witnesses in toto. It rejected the theory of conspiracy and accordingly acquitted all the accused persons including the appellants of the charges of criminal conspiracy under Section 120-8 read with Section 302 IPC. However, relying upon the testimony of PW 19, 21, 22, 25, 26 and 27, it convicted both the appellants under Section 302 read with Section 34 IPC and sentenced them to undergo imprisonment for life holding that the deceased succumbed to the injuries caused by all the accused persons generally and by A-2 and A-3 in particular. All the other accused were acquitted of all other charges framed against them. On appeal, the Division Bench of the High Court upheld the conviction and sentence of the appellants. In appeals to this Court it was contended on behalf of the appellants (1) that with the acquittal of co-accused or all the charges, the appellant's conviction also became vulnerable and since the prosecution witnesses were disbelieved qua coaccused even with regard to the assault on deceased, they could not be relied upon to convict the appellants; (2) Though the deceased suffered multiple injuries but only one injury had proved fatal according to the medical opinion and since it was not certain that the blow given by either of the appellant was by itself fatal or who out of the two had caused the fatal blow or that the same was caused with the intention of causing death, the appellants' conviction under Section 302/34 IPC was not warranted; and (3) the nature of injuries indicated that the intention of the appellants was only to give beating to the deceased and they could be held guilty or an offence under Section 325/34 IPC only. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1992 INSC 128 |
Petitioner | Nadodi Jayaraman Etc. |
Respondent | State Of Tamil Nadu |
SCR | [1992] 2 S.C.R. 794 |
Judgement Date | 1992-04-28 |
Case Number | 66 |
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