Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860-ss 3 02 3021149 and 307-Deceased persons and accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss 302, 302/149 and 307 - Deceased persons and accused, neighbours bearing animosity with each other - Over quarrel between their children, accused assaulting deceased with axe blows and also those who tried to save, resulting in death of three - High Court upholding conviction for murder - Justification of - Held: Justified - Offence committed in gruesome manner - Accused not only killed two persons but also poured kerosene on one and set her on fire - They also assaulted those who came to save - Also it cannot be said that the injuries inflicted by the accused in self-defence.According to the prosecution case, parties were neighbours and had animosity with each other. Over a quarrel between their children, appellant-ML and S, inflicted axe blows and killed Band M. NB-wife of B and AL-husband of MB, who intervened to save M and MB were assaulted by iron pipes and axe blows. ST-daughter of AL, DV and other children were also assaulted. Appellants had dragged MB, poured kerosene and set her on fire and later she succumbed to her injuries. Accused L, HR, KB, GB and HR also participated in the commission of offence. FIR was lodged. Appellants and the other accused were charged under section 302/149, 307 and 148. Trial Court imposed death sentence upon appellants for murder of M, B and MB; and also sentenced them under section 307 IPC for attempt to murder NB and AL. It convicted other accused under section 324 IPC for causing hurt to the children. High Court held that a free fight had taken place between the parties and on the basis of the actual role played by each of the accused and that injuries on the persons of the accused had not been explained, it upheld the conviction of the appellants under section 302 and section 302/149 for murder of M, B and MB but reduced their sentence to rigorous imprisonment for life. It convicted appellant under section 307 IPC for attempt to commit murder of AL and imposed rigorous imprisonment for seven years. It also convicted accused JB for attempt to murder NB and accused HR for causing hurt to DV under section 324 IPC. It however, acquitted the other accused. Hence the present appeal.Appellants-accused contended that keeping in view the fact that there had been a free fight, the appellants could not be said to have any intention to kill M, B and MB; and that the prosecution did not explain the injuries on the part of the accused persons.Respondent-State contended that the sequence of events clearly establish the cruel manner in which an attempt had been made not only to kill three persons but to attempt to murder two others and cause injuries to the children; that the High Court erred in acquitting the other accused persons of the serious charges made against them; and that, had the police not intervened, the number of deceased might have increased. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 998 |
Petitioner | Moti Lal And Anr. |
Respondent | State Of M.p. |
SCR | [2007] 11 S.C.R. 293 |
Judgement Date | 2007-10-03 |
Case Number | 1268 |
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