Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code. 1860: s.302 rlw s.149 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Penal Code. 1860: s.302 rlw s.149 - Murder - Unlawful C assembly - 21 accused - Death caused by stabbing on account of political rivalry - Conviction by trial court set aside by High Court - Appeal by complainant against acquittal - Held: PW3 who was an independent witness and was believed by both the lower courts had given a vivid description of incident - PW4 was an eyewitness and was believed by trial court - High Court was not correct in D holding that the evidence of PW4 could be used only for corroboration of PW3 s evidence - PW4 categorical mentioned about involvement of A3, Al4, AJ5 and A18 and, therefore, the finding of the High Court that they were entitled for acquittal on the ground that PW3 did not speak about their presence is set aside The evidence on record showed that the deceased and accused belong to two political parties opposed to each other - There were three other incidents of clashes between the rival groups - On the fateful day, the accused along with others assembled and were searching for rival party workers travelling in the buses that were passing through the junction - The common object of the members of the unlawful assembly was to attack any rival party supporter -who was passing through the junction - The deceased was iri the bus and he was killed in the attack - Finding of High Court that merely because the accused did not plan to murder the deceased, there was no common object is not sustainable - As regards the conviction u/ss. 302/149, considering that the incident occurred in the year 1993, and that accused attacked the deceased with sticks causing simple injuries on non-vital parts, their conviction ulss.326/149 meet the ends of justice -A3, A4, A14, Al 5 and AJ8 sentenced to 7 years imprisonment ulss.326/149 -Acquittal of A5 to A11, A13, A16 ond A17 upheld. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2017 INSC 292 |
Petitioner | Kattukulangara Madhavan (dead) Thr. Lrs. |
Respondent | Majeed & Ors. |
SCR | [2017] 4 S.C.R. 658 |
Judgement Date | 2017-03-30 |
Case Number | 400 |
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