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 - s. 302/34 - Prosecution for murder and attempt to murder-Members of parental family causing death of the members of matrimonial family of the injured eye-witness - Motive for the assault being eye-witness marrying a person.from lower caste - Severe injuries sustained by the eye-witness - As per medical evidence she was under tremendous shock - Disclosure of the names of the accused after eight days of the incident - Arrest of the accused much before the disclosure - One of the accused not belonging to the parental family of the witness - Trial Court acquitting two accused and convicting six accused u/ss 302/120B and 307/120B - Death sentence to four and life imprisonment to two accused - In appeal difference of opinion between the judges of Division Bench of High Court - After reference of the matter to third judge, conviction under s 302/34 and sentence for life imprisonment - Appeal of accused as well as State - Held: One of the accused who did not belong to the accused family acquitted, as in the facts of the case his participation is doubtful - Rest of the accused liable to be convicted - Evidence of the eye-witness is trustworthy - Delay in disclosure of the names of the accused by her is justified in view of her relationship with the accused and her mental condition - Common intention on the part of the accused is proved - In view of the facts of the case the case falls in the category of rarest of rare cases - However, in the peculiar circumstances of the case, life sentence is not reversed - Sentencing.The accused persons in the present appeal were prosecuted for murder of four persons (deceased) and for attempt to murder PW-1. Prosecution case was that PW-1 was the daughter of accused Nos. 1 and 8. She entered into secret marriage with one of the deceased. When she disclosed the same to her parents, it was not accepted as the deceased was from a lower caste and financially weak. PW-1 left her parental house and settled in her husband and in-laws house. PW-1 was repeatedly threatened by her parents and relatives. Accused No. 1 (mother) and accused No. 2 (maternal aunt) demanded PW-1, the ornaments which she was wearing when she left the house. On the day of the incident, PW-1 was informed that Accused Nos. 1 and 2 had come to visit her. They were invited to her room on first floor. There PW-1 handed over all the ornaments. She was told that her maternal uncle (accused No. 3) had also come to see her. In the meantime when husband of PW.1 (deceased) went to balcony for some work, he saw some persons with weapons hanging around suspiciously. Apprehending danger, he asked his brother (deceased) to call his friends. When his brother went out, soon thereafter returned with a patch of blood. PW. 1 saw accused Nos. 3,4,5,6,7 and 8 climbing the stairs armed with weapons. When from balcony, she shouted for help, somebody pushed her down and she fell on the ground floor. She went crawling to a neighbour, who informed the police. On the site, police found that husband, father-in-law, mother-in-law and brother-in-law of PW 1 were killed. FIR was registered.Trial Court acquitted accused Nos. 7 and 8. Rest of the accused were convicted u/ss. 302, 307 r/w s.120B IPC. Accused Nos.1 and 2 were sentenced to life imprisonment and accused Nos. 3,4,5 and 6 were sentenced to death.In High court accused filed appeals and trial Judge made death reference. There was difference of opinion between the two judges of the Division Bench, regarding death sentence and conviction of accused No. 5. Matter was referred to third judge, who ordered acquittal of the accused u/s 302/120B, 307/120B and 307/34 IPC and directing their conviction u/s 302/34. They were sentenced to life imprisonment. Hence the two appeals, one by the accused against conviction, another by the State, praying for death sentence.Accused persons contended that PW-1 the solitary eye-witness cannot be said to have seen the incident as she did not disclose the names of the accused till the 8th day from the date of the incident; that arrest of accused long before revelation of the same by PW 1 was suspicious; that in the facts of the case, common intention on the part of the accused did not exist; and that involvement of accused No. 5 was doubtful; that involvement of accused No. 3 was also suspect.State contended that the accused were liable to be convicted; and that death penalty ought to be reimposed on the four accused. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 1014 |
Petitioner | Mayakaur Balde |
Respondent | Ingh Sardar And Anr. |
SCR | [2007] 10 S.C.R. 752 |
Judgement Date | 2007-10-08 |
Case Number | 1364-1366 |
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