Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: c ss.302 and 323 rlw s.27 of Arms Act Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860ss.302 and 323 r/w s.27 of Arms Act- Conviction of two accused under, for causing death of two persons by gun shot injuries - Allegation that offence was committed on account of retaliation and vengeance - Accused no. 1 fired shots at the first victim from his double barrel gun - Thereafter, accused no. 2 handed over cartridges to accused no. 1 who reloaded his gun - When second victim came to save the first victim, accused no. 1 shot at him - Conviction by courts below - On appeal, held: Prosecution established that it was only on account of the rejection of marriage proposal of accused no. 1 by the first victim's father that the accused nos. 1 and 2, as an act of retaliation and vengeance, jointly committed the offence - Discrepancies in recording time, as well as the overwriting in the dying declaration were too trivial to brush aside the overwhelming oral evidence produced by the prosecution - Dying declaration of the victim and the statements of her relations, who had appeared as prosecution witness, duly established the commission of the offence, as well as, the common motive for the two accused to have joined hands in committing the crime - Conviction upheld. ss.302 and 323 r/w s.27 of Arms Act- Conviction of two accused under, for causing death of two persons - Plea of accused no.2 that no role whatsoever was attributed to him - Held: Evidence on record showed that the two accused had come together on a scooter to commit the offence - Accused no. 1 fired first two shots at the victim from his double barrel gun - Thereafter, there were no live cartridges in the gun and it was accused no.2 who provided two live cartridges to the accused no. 1 - After commission of the crime, both accused jointly made escape on a scooter - Therefore, it cannot be held that accused no.2 was merely a bystander and was incidentally present at the place of occurrence - He was rightly convicted. Evidence:Delay in lodging FIR - Effect on prosecution case - Plea that all the family members of deceased did not make any statement to police until the eventual disclosure of the.names of the two accused by deceased herself in her dying declaration - Held: It is not expected that the close family members would proceed to police station to lodge a report when the injured are in critical condition - Full attention for the welfare of the two close family members is the expected behaviour of all family members - Therefore, delay in lodging complaint could not be considered fatal to the prosecution case. Motive - Held: Proof of motive is not a sine qua non before a person can be held guilty of the commission of a crime - Motive being a matter of the mind, is more often than not, difficult to establish through evidence. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2011 INSC 743 |
Petitioner | Deepak Verma |
Respondent | State Of Himachal Pradesh |
SCR | [2011] 14 S.C.R. 270 |
Judgement Date | 2011-10-11 |
Case Number | 2423 |
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