Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 436 148 326 and 302 r/w Section 149 Penal Code 1860: Sections 147 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860-Sections 147, 148, 436, 326 and 302 r/w Section 149-Causing death of 2 persons including a six year old child-By setting a house on fire wherein there were 6 people and closing the door from outside, Causing death of one person by cutting him into pieces-Offences done in broad day light-Eyewitnesses including injured witnesses supporting prosecution case-Conviction and imposition of death sentence by Courts" below-On appeal, held: Conviction and sentence justified as there are number of aggravating circumstances apparent against the accused and no mitigating circumstance is found in his favour-Sentencing. Appellant-accused along with seventeen other accused came near the house of 'N' armed with various weapons. 'N' along with his wife-PW-1, three minor children and younger brother PW-2 went inside his bamboo hut. Accused started pelting stones on the hut. They tied the door from outside and set the hut on fire. PWs 1 and 2 and two of the children somehow came out of the hut, but 'N' and his six year old child were trapped in the fire. When the six year old child came out, the appellant along with another accused again threw the child in the fire. 'N' and the child were completely burnt and they died on the spot. Thereafter the appellant went to house of 'NG' dragged him to the house of appellant and cut him into pieces. PWs 1, 2, 3 and 4, the wife, brother and children of the deceased 'N' respectively and PW - 5, wife of deceased 'NG' were the witnesses to the incident. The witnesses had also sustained injuries. Three accused including the appellant had absconded. The fourteen accused had been tried and convicted, Appellant was tried separately. All the witnesses supported the prosecution case. Trial Court convicted the appellant u/ss. 147, 148, 436, 326 and 302 r/w. Section 149 IPC and awarded capital punishment. High Court upheld the conviction and punishment. Hence the present appeal. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2005 INSC 195 |
Petitioner | Holiram Bordoloi |
Respondent | State Of Assam |
SCR | [2005] 3 S.C.R. 406 |
Judgement Date | 2005-04-08 |
Case Number | 1063 |
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