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 Disposed Off |
Headnote | Penal Code, 1860: s. 304 (part-II) r/w s. 149 - Conviction under - Plea for a liberal view in awarding punishment - Conviction u/s 302/149 converted by High Court into one u/s 304 (part-II) with regard to one accused and 304 (part II) r/w s. 149 with regard to other five accused - Sentence of 7 years RI imposed on all the six accused - Accused convicted u/s 304 (part II) died - Three others having served the sentence, their appeal became infructuous - Remaining two pleading for a liberal view in awarding punishment on the ground that they were not convicted for the substantive offence but with the aid of s. 149 - HELD: On facts, sentence reduced to RI for 5 years. The two appellants (A-3 and A-6) were prosecuted with four others (A-1, A-2, A-4 to A-5) for causing the death of the son of the complainant (PW-3) and grievous injuries to PW-3 and PW-5. The trial Court convicted all the six accused inter alia u/s. 302 r/w s. 149 IPC and sentenced each of them to imprisonment for life. On appeal, the High Court converted the conviction of A-1 to one u/s. 304 (part-II) IPC and that of A-2 to A-5 to one u/s. 304 (Part-II) read with s.149 IPC, and sentenced all the accused to rigorous imprisonment for seven years. However, the accused, not satisfied with the judgment of the High Court, filed the instant appeal.During the pendency of the case before the Supreme Court, A-1 died; and A-2, A-4 and A-5 having already undergone the sentence awarded, their appeal became infructuous.It was contended for the remaining two appellants (A-3 and A-6) that since the conviction as recorded by the High Court against them was not for a substantive offence punishable u/s. 304 (part-II) IPC, but, as members of unlawful assembly, for an offence punishable u/s. 304 (Part-II) r/w s. 149 IPC, a liberal view be taken in awarding the punishment. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 997 |
Petitioner | Suresh Singh And Anr. |
Respondent | State Of Haryana |
SCR | [2007] 10 S.C.R. 495 |
Judgement Date | 2007-10-01 |
Case Number | 1313 |
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