Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss.302, 307 - Murder - Lathi blows given by accused-father to his three children resulting in death of 2 - Conviction u/s.302 and award of death sentence - Appeal against conviction and sentence - Held: Evidence of eye witnesses was supported by the medical evidence - The nature of the injuries revealed that they were the result of a direct attack in a brutal and violent manner with a lathi - The defence story projected by the wife of the accused not acceptable in view of the pinion of the doctor that the injures suffered by the three victims could not have been caused in the manner suggested by her - However, the case did not fall under the category of the rarest of the rare case - The offence was committed while the accused was in an inebriated condition and after a quarrel with his wife - The accused was a rickshaw puller aged about 28 years and a migrant in Chandigarh with the attendant psychological and economic pressures - To meet the ends of justice, appeal filed by F accused allowed to the extent of substitution of death sentence by imprisonment for life the extent of substitution of death sentence by imprisonment for life. |
Judge | N/A |
Neutral Citation | 2011 INSC 32 |
Petitioner | Kamleshwar Paswan |
Respondent | State Of U.T. Chandigarh |
SCR | [2011] 1 S.C.R. 647 |
Judgement Date | 2011-01-11 |
Case Number | 739-749 |
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