Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 302 302 read with s.149 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 302, 302 read with s.149 - Explosive Substances Act, 1908 - ss. 3, 4 -Arms Act, 1959- s. 27 -Appellants and others armed with bomb explosives and guns attacked informant's nephews - Hurling of bomb at the victim by SS and SA resulting in his death - Informant's other nephew also attacked by SG resulting in his death - Injuries inflicted to PW 1 also - Thereafter, villagers assembled and appellants fled away firing shots in the air - Motive behind the incident was previous enmity - Trial court convicted accused No.3(SS), 8 and 9(SG) for the offence punishable u/s. 302 and ss.3, 4 of the 1908 Act and sentenced accused Nos.3 and 9 to death sentence and accused No.8 to imprisonment for life - Accused No. 7 convicted for offence punishable u/s. 302/149 and ss.3 & 4 of the 1908 Act and sentenced to rigorous imprisonment for 10 years - Rest of the accused convicted for the offences punishable u!s. 302/149 ands. 27 of the Arms Act and sentenced. to three years RI - High Court upheld conviction. of the appellants and the sentence of life term, however. commuted the death sentence of SS and SG to life imprisonment - Interference with - Held: Not called for - Witnesses are reliable and have stood embedded in their version and remained unshaken - They vividly deposed about the genesis of occurrence, participation and involvement of the accused in the crime and injuries inflicted on the deceased, and on each of them. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2017 INSC 173 |
Petitioner | Sheikh Juman & Anr. Etc. |
Respondent | State Of Bihar |
SCR | [2017] 1 S.C.R. 779 |
Judgement Date | 2017-02-23 |
Case Number | 484-487 |
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