Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | PENAL CODE 1860: ss. 302 rlw s. 34 - Murder - Common |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PENAL CODE, 1860: ss. 302 rlw s. 34 - Murder - Common intenlion - Enmity between accused and his family and the prosecution witnesses - On the fateful day, murder of nephew of PW I, at his tube well - PW 2, NS and PW 3 heard sound of gun fire from inside the shed of the tube well - On reaching the place of incident, they saw appellant accused along with others, ar111ed with weapons comilig out of the shed - Thereafter, accused fled away - FIR lodged by PW I - Medical evidence that death of deceased due to gunshot injury - Conviction uls. 302134 and sentenced to rigorous imprisonment for life, by courts below - Thereafter, death of two accused - On appeal, held: Evidence in its entirety clearly shows that the accused persons armed with weapons were present in the shed, they were seen going away and the deceased was found lying in a pool of blood - Accused-appellants had accompanied other accused persons who were arnled with gun and they themselves carried lat hi and ha/lam respectively - Carrying of weapons, arrival at a particular place and at the same 'lime, entering into the shed and murder of the deceased attract constructive liability uls .. 34 - No blackening or scorching around .tlie wound, would noi belie that the injury was not inflicted by the firing from the gun - Further, the testimony of PWs 1-3 about the incident cannot be discredited - They satisfy the test of scrutiny and cautious approach - Non- exa111ination of certain witnesses would not effect the prosecution case - Thus, order passed by the courts below as regards appellant M upheld - As regards appellant V, he having remained in custody for 111ore than the maximum period, is released from the custody - Juvenile Justice (Care and Protection of Children) Act, 2000 - ss. 7-A, 20(amended) - Juvenile Justice (Care and Protection of ยท Children) Rules, 2007 |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 19 |
Petitioner | Vijendra Singh |
Respondent | State Of Uttar Pradesh |
SCR | [2017] 1 S.C.R. 108 |
Judgement Date | 2017-01-04 |
Case Number | 1448 |
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