Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
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 - s. 302 - Murder - Deceased being son of the accused, out of his broken marriage - Accused doubting the paternity of the deceased and also having eye on the fixed deposit in the name of deceased - At the relevant time deceased was with the accused - Multiple injuries on the deceased - Defence that the injuries were due to fall from bi-cycle - Witnesses to the incident turning hostile - Conviction by courts below on the basis of circumstantial evidence - On appeal, held: Conviction justified - The motive, the fact of the deceased being with the accused and, multiple injuries on the deceased leads to implicate the accused of the offence u/s 302.Appellant-accused was prosecuted u/s 302 IPC, for having caused death of his son. Prosecution case was that the deceased was the son of the accused out of his first marriage. On account of dispute between the couple, they got separated. Both of them got remarried. Deceased remained with his maternal grand parents. Under a settlement between the accused and his first wife Rs.20,000/- had been deposited in the name of the deceased. Accused used to suspect paternity of the deceased and had also an eye on his fixed deposit. Accused and his second wife (PW 7) went to the school of the deceased, but the teacher did not grant permission to take him with them. He was sent with them after the permission from the maternal grandmother of the deceased. Thereafter PW 5 (maternal uncle) got an information that the deceased had succumbed to injuries in the hospital. Accused was charge-sheeted. During trial, the two eye-witnesses turned hostile. Defence version was that the death of the deceased was on account of fall from a bi-cycle. The same was supported by maternal grand-father (DW 2) of the deceased. Trial Court on the basis of circumstantial evidence, convicted the accused. High Court confirmed the conviction. Hence the present appeal. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 919 |
Petitioner | Sanwariya Lal |
Respondent | State Of Rajasthan |
SCR | [2007] 9 S.C.R. 943 |
Judgement Date | 2007-09-14 |
Case Number | 1219 |
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