Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 304 Part I Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 — s. 304 Part | — Punishment for culpable homicide not amounting to murder — Complainant party went to take forcible possession of the land from appellants-accused and ‘SB’ was armed with weapon — In the course of sudden scuffle between the parties, appellants inflicted fatal injuries on SB and other accused on RK and PW 8, eye witness ~ Appellants tried to grapple gun from SB ~ Conviction and sentence of all fhe accused persons u/ss. 148, 307/149 and 302/149 by the trial court — High Court convicting appellants-GS and AS u/s. 302/34, accused SS and RS u/s. 307/149 and acquitting all other accused of the charges u/s 302/149 and convicted u/s. 148 and sentenced them to the period already undergone — On appeal, held: There was no previous deliberation or pre-meditation and the incident is a result of sudden fight — Since appellants inflicted injuries on the neck and scalp of SB with the intention of causing death, act of the appellants is punishable u/s. 304 Part | - C onviction is modified accordingly with the reduction of the substantive sentence to the period already undergone ~ As regards remaining accused, their order of acquittal recorded by High Court, does not call for interference. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 16 |
Petitioner | Ahmed Shah & Anr. |
Respondent | State Of Rajasthan |
SCR | [2015] 1 S.C.R. 363 |
Judgement Date | 2015-01-09 |
Case Number | 1889 |
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