Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 302134 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 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s. 302/34 - Conviction under - Quarrel between parties over recovery of dues by victim from co-accused - Co-accused caught hold of victim and main accused stabbed him whereas appellant-accused pelted stones at victim resulting in the death of the victim - Conviction of three accused u/s. 302/34 and sentenced to life imprisonment by courts below - Appeal before Supreme Court dismissed as regards the main accused and co-accused :.... Conviction of appellant - Challenge to - Held: As regards the appellant, there is definite documentary, ocular and medical evidence, and statement of defence witness to repel the plea of the appellant that he had been falsely implicated - Knife was recovered in furtherance to the disclosure statement made by main accused and injuries on the body of the victim were inflicted by the knife - Discrepancies between the statements of the alleged eye witnesses as well as the medical evidence does not affect the prosecution case - All the three accused had a common intention in the commission of brutal crime - Thus, prosecution has been able to establish the charge beyond reasonable doubt - Conviction of appellant u/s. 302/34 upheld.s. 34 - Common intention - Application of s. 34 - General principles - Explained. |
Judge | Hon'ble Mr. Justice Swatanter Kumar |
Neutral Citation | 2011 INSC 476 |
Petitioner | Nand Kishore |
Respondent | State Of Madhya Pradesh |
SCR | [2011] 7 S.C.R. 1152 |
Judgement Date | 2011-07-07 |
Case Number | 437 |
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