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 - ss. 299, 300, 302 and 304 (Part 1) - Prosecution for murder-Stick blow given on the head of the deceased, causing serious injuries, which resulted in her death - Trial Court relying on evidence of eye witness and related witness convicting accused under s. 302 and imposed life imprisonment - Justification of - Held: In the light of the facts of the case and legal principles laid down in ss. 299 and 300; and that witness being close relative does not affect credibility of witness, conviction altered to one under s. 304 (Part 1) - Custodial sentence of 10 years awarded - Evidence - Related witness - Evidentiary value.According to the prosecution case, K was residing with her mother P.W-7. Appellant had come to stay with K. On the fateful day, the appellant had a quarrel with K on a flimsy ground and assaulted K with the stick, giving blow on her head. K suffered serious injuries which later resulted in her death. Son of K-PW 1 witnessed the incident and lodged FIR. Appellant contended that PW 1 and 7 were related to K and thus, their evidence could not be acted upon. Trial Court found the evidence of PWs 1, 7 and 8 to be credible and cogent and convicted the appellant under s. 302 IPC and sentenced him to life imprisonment High Court upheld the conviction. Hence, the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 985 |
Petitioner | Bhagwan Bahadure |
Respondent | State Of Maharashtra |
SCR | [2007] 10 S.C.R. 397 |
Judgement Date | 2007-09-28 |
Case Number | 1304 |
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