Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:s. 154 - FIR - Reliability of - Death of two and injuries to prosecution witnesses due to political rivalry - Plea that FIR concocted document - Held: Not sustainable - Prosecution witness fit to give statement even though seriously injured - Doctor endorsed fitness and statement recorded in his presence by AS/ - Absence of specific overt act attributed to accused not fatal to prosecution case - No delay in sending FIR to magistrate.s.464 - Effect of omission to frame, or absence of, or error in, charge - Notice to all accused under charge 1 that they were members of unlawful assembly armed with deadly weapons in prosecution of common object of murdering deceased, committed offence of rioting u/s. 149 - Charge 4 & 5 against accused that during course of same transaction committed murder by intentional causing death of deceased ~ and offence u/s. 302 - Non-mentioning of s.149 in charge 4 F & 5 - Held: Would not vitiate the conviction as accused failed to show any prejudice - It is clear from charge 4 and 5 that transaction mentioned in charge 1 was made integral part thereof and ingredients of s.149 are implicit therein except mentioning s. 149 ·specifically - Particulars in charge 4 and 6 sufficient to give notice of s. 149 to accused - Offence u/s. 302 r/w s.149 implicit- Penal Code, 1860 s.302 rlw s. 149. Penal Code, 1860: ss.148, 302 and 149 - Unlawfulassembly - Common object - Determination of - Political rivalry between two factions - Death of two and injuries to prosecution witnesses - Plea that common object was to cause injuries and not fatal injuries - Held: Accused armed with deadly weapons - Deceased inflicted number of injuries - Assault was murderous - Thus, accused shared common object of committing murder - They were more than five and formed unlawful assembly to commit murder. Evidence: Injured witness - Testimony of - Absence of c specific injuries or specific overt act attributed to accused individually in FIR though detailed version given before court - Held: Testimony of witnesses credible - One of the witnesses seriously injured - Omissions and discrepancies minor in nature - Many accused were involved, thus not possible to attribute specific injury and overt act individually to each accused - Also, unlikely for witnesses who have lost their relatives to falsely implicate accused - More so, testimony of witnesses corroborated by medical evidence. There was a political rivalry between two factions. On the fateful day accused persons armed with deadly weapons attacked the victims group. It resulted in death of 01 and 02 and injuries to PW 1 to 3. 15 persons were charged for offences under ss. 302,307, 307 r/w 149, 148 and 341 IPC. Trial court convicted A1, A2, A4 to AS and A10 to A13 u/s. 302 IPC and imposed imprisonment for life and fine with default stipulation; and also convicted u/s. 148 with imprisonment for one year. AG, A7, A10 to A-13 were convicted u/s. 307 and sentenced to imprisonment for five years and fine with default stipulation; A2, A4 and A5 u/s. 307 r/w 149 and sentenced 1 to rigorous imprisonment for five years and fine with default stipulation. The sentences of each accused were to run concurrently. Two persons were acquitted and two of them died during the trial. Eleven accused persons filed appeal. High Court upheld the order of conviction and sentence. Hence the present appeal by ten accused since A 5 died during pendency of appeal. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 573 |
Petitioner | Anna Reddy Sambasiva Reddy & Ors. |
Respondent | State Of Andhra Pradesh |
SCR | [2009] 6 S.C.R. 755 |
Judgement Date | 2009-04-21 |
Case Number | 408 |
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