Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 : Section 302-Conviction based on evidence of injured eye witnesses- Death sentence awarded by trial court--Confirmed by High Court-On appeal, conviction upheld-However no evidence of diabolic planning to commit the crime though the act was cruel-On being deprived of his livelihood on the land being taken away accused exhibited his resentment-Frequency of quarrels indicate lack of sinister planning to commit murder-Hence death sentence not proper--Sentence modified to life imprisonment. Section 324-Conviction under-Evidence of injured eye-witnesses- Held, reliable--Conviction upheld in view thereof. Section 458-Conviction under-Held since no finding recorded by the courts below as to existence of ingredients of the offence, conviction set aside.Criminal Procedure Code, 1973-Sections 354(3), 360 and 361- Punishment for murder-Determinative factors-Personality of the offender as revealed by his character, antecedents and other circumstances and tractability of the offender to reform--Criminal Procedure Code, 1898-Section 367(5)-Criminal Procedure Code (Amendment) Act, 1955. Criminal Trial Related witnesses-Reliability of-Relationship is not a factor to affect credibility of a witness. Injuries on accused-Effect of on prosecution case-Held, per se does not affect prosecution version-But when the injuries are not explained and are of serious nature, they assume importance. Sentencing: 'Just desert '-Principle of-Discussed-Proportionality of punishment to crime-Excessive punishment is punishment without guilt.The appellant-accused was charged for the offences under Sections 302, 458 and 324 IPC. The prosecution case was that due to dispute between the accused and the other members of his family over ancestral land, he killed his mother, brother and sister-in-law and caused injuries to his father (PW6) and his nephew (PW7). During trial, the evidence was that 2-3 days before the occurrence, there was bitter quarrel and there used to be constant quarrel between accused and his family members over the land; and that deceased brother of accused and PW6 had many enemies because of their questionable credentials, and that the injuries on the accused were of serious nature as per medical evidence. Trial Court relying on the evidence of PWs 6 and 7, the injured eye witnesses, held the accused guilty of offences punishable under Sections 302, 458 and 324 IPC and sentenced him to death and imprisonment for 4 years and 6 years respectively. High Court confirmed the order of the Trial Court. In appeal to this Court, the appellant-accused contended that the prosecution case was not reliable because the eye witnesses could not be relied upon as they were close relatives and consequently were partisan witnesses and their presence on the spot of incident was suspicious; and that the real assailants could be the enemies of the deceased brother and PW6; and that death sentence was not warranted as the case did not fall in the category of "rarest of the rare case"; and that conviction under Section 458 IPC was unjustified since the presence of ingredients of the offence were not discussed by the courts below. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2002 INSC 39 |
Petitioner | Lehna |
Respondent | State Of Haryana |
SCR | [2002] 1 S.C.R. 377 |
Judgement Date | 2002-01-22 |
Case Number | 733 |
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