Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Injuries Common intention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: Sections 323, 325 and 326 r/w. Section 34-Injuries caused-Resulting , in subsequent death-Incident seen by related eye-witnesses-Conviction by Courts below-Sentences of 3 months 2 years and 7 years respectively-On appeal, held: Conviction justified-However in view of background of the case, sentence of 7 years reduced to custodial sentence of 4 years. Section-34-':Common intention-Applicability of-Held: In order to make the common intention applicable, plan or meeting of mind of all the accused, either prearranged or on the spur of moment, is to be established-Proof of common intention, in absence of direct proof, can be inferred from the circumstances of proved facts and circumstances of the case-Evidence. Criminal Trial : Related witness-Evidentiary value of-Held: such witness cannot be treated as untruthful-In case of plea of their partiality, reason for the witness to shield the actual culprit is to be shown. FIR-Delay in lodging-Effect of-On prosecution case-Held: The delay in lodging FIR does not necessarily make the prosecution case suspect-Even a long delay can be condoned if witnesses are shown to have no motive to implicate the accused and congent reason for delay is given-The suspicion due to delay will depend on the facts of each case. Appellants-accused caused grievous injuries to a person. Father (PW-6) and wife (PW-7) of the victim were the eyewitnesses to the incident. After some time of the incident, when the condition of the victim deteriorated he was taken to hospital. The doctor sent information to the Police and on the basis of statement of PW-6, FIR was recorded. After some time the victim died. Appellants were charged u/s. 304 Part-I IPC r/w Section 34. Trial Court, relying on the evidence of eye-witnesses held the accused guilty u/s 323, 325 and 326 r/w Section 34 IPC and sentenced them to rigorous imprisonment for three months, two years and seven years respectively. High Court confirmed the conviction. In appeal to this Court, appellants contended that prosecution version did not inspire confidence as the same was based on evidence of related witnesses; that there was delay in lodging FIR; that Section 34 IPC was not applicable in the facts of the case; and that the sentences imposed were high. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 112 |
Petitioner | Harbans Kaur And Anr. |
Respondent | State Of Haryana |
SCR | [2005] 2 S.C.R. 450 |
Judgement Date | 2005-03-01 |
Case Number | 370 |
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