Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss.302/149 452/149 Penal Code |
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.302/149, 452/149 - Criminal trespass by 15 accused - In the house of deceased - With deadly weapons - Causing death of two and injuries to three persons - Five eyewitnesses including injured eye-witnesses - Trial Court acquitting four of the accused while convicting others u/ss.302/149, 324/149 and 452/149 - High Court altering the conviction from 452/149 to u/s 452/34, whereas acquitting all the accused of rest of the charges - On appeal, held: Interference by High Court with conviction u/s 302/149 not justified - High Court having accepted the case of criminal trespass, not justified in passing acquittal u/s 302/149 - The conviction and sentence of the accused u/s 452/149 by Trial Court upheld - However, in absence of State appeal before High Court seeking enhancement of their sentence, the same cannot be enhanced.Evidence - Injured eye-witness - Testimony - Evidentiary value of - Held: Although in accepting such witness, caution is required to be maintained - But the same cannot be discarded only because they were inimical to the other party.Maxim - 'Falsus in uno falsus in omnibus' - Applicability of.Criminal Law - Common object - Appreciation of - Held: Once formation of common object amongst the accused is proved, it is not necessary for the court to consider the specific overt act played by each of them.Appeal - Appeal against acquittal - Scope of - Held: When two views are possible, Supreme Court cannot interfere with such case - But when there exist substantial and compelling reasons and interference is just and proper, Supreme Court cannot refuse to interfere - Constitution of India, 1950 - Article 136.Appellants-accused along with others (in all 15 persons) were tried for having caused death of two persons and caused injuries to others. Prosecution case was that the appellants-accused along with others came to the house of one of the deceased armed with deadly weapons. There, they caused death of two persons and caused injuries to three of the eye-witnesses namely PWs 7,8 and 11. Other eye-witnesses to the incident were PWs 12 and 13. All the accused were charge-sheeted u/ss. 147, 148, 149, 302, 30, 323, 32, 188 and 452 IPC. Trial Court acquitted Accused Nos.3, 4, 12 and 13 of all the charges. All the accused were acquitted of charges u/s 307 r/w 149 IPC. Accused Nos.1, 2, 6, 10 and 11 were convicted of the charges u/s 302 r/w s.149. Accused Nos. 1, 10 and 14 were further convicted for charge u/s 324 r/w s.149 IPC and Accused No.1, 2 and 5 to 11, 14 and 15 were convicted for charge u/s 452 r/w s.149 IPC.Accused Nos.1, 2 and 6 to 14 filed an appeal High Court converted the conviction of Accused Nos.1, 7, 10 and 14 from that under s.452 r/w s.149 to that murder s.452 r/w s.34. The accused were acquitted of rest of the charges. Hence the present appeals. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2007 INSC 850 |
Petitioner | State Of Maharashtra |
Respondent | Tulshiram Bhanudas Kamble And Ors. |
SCR | [2007] 9 S.C.R. 185 |
Judgement Date | 2007-08-21 |
Case Number | 85-87 |
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