Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.300 Exception I s.302 and Part I of s.304 Grave and sudden provocation IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Ranbir Penal Code, 1989 (1932 Ad) (12 of 1932) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Ranbir Penal Code – s. 300 Exception I, s. 302 and Part I of s.304 – Grave and sudden provocation – Death of two persons, ‘J’ and ‘M’ – Seven accused – Allegation that accused No.1 and his sons forcibly detained ‘J’ and ‘M’ in their house and assaulted them which led to their death due to injuries – Sessions Judge acquitted accused nos.5 and 6 but convicted accused nos.1 to 4 and 7 u/s. 302, 148 and 149 of RPC – High Court upheld the conviction – Accused no.1 died during pendency of appeal while accused no.2 went absconding – On appeal by accused nos.3, 4 and 7, held: From the materials placed on record, it appears that the prosecution has not come with clean hands and has attempted to suppress the genesis of the incident – Contradictions in dying declaration of ‘J’ as well as in the evidence of P.W.1 and P.W.2 as to in what circumstances the two deceased went to the house of the accused persons – Further, accused No.1 also received injuries in the incident – Prosecution failed to explain the injury sustained by accused No.1 – It was the specific case of the accused No.1 that two persons had come to his house and they assaulted him with a lathi – The possibility that the accused persons enraged by the assault on accused No.1 whilst deprived of the power of self control, by grave and sudden provocation, attacked ‘J’ and ‘M’ resulting in their death cannot be ruled out – Appellants (accused nos. 3, 4 and 7) entitled to benefit of doubt in view of Exception I of s. 300 RPC – Prosecution failed to prove the case u/s. 302 RPC beyond reasonable doubt – Conviction and sentence imposed upon appellants u/s. 302 RPC converted to the one under Part-I of s. 304 RPC. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 26 |
Petitioner | Mohinder Pal And Others |
Respondent | State Of J & K |
SCR | [2023] 1 S.C.R. 375 |
Judgement Date | 2023-01-12 |
Case Number | 1863 |
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