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 | S. 302 - Murder - By appellant-accused - Of his daughter - Motive attributed to commit the murder was that the accused was frustrated as his daughter had married a boy of lower caste - PW- 18 (mother-in-law of the deceased) was the eye-witness - Trial Court discarding the evidence of PW-18 and holding that circumstantial evidence was not sufficient to convict the accused, acquitted him - High Court accepted the prosecution case and recorded finding of guilt against the accused, but convicted him for offence u/s. 304 (Part I) IPC and sentenced him to 10 years of imprisonment-Appeal to Supreme Court by the accused against his conviction - The court issued show cause notice to the accused for enhancement of sentence - Held: The entire version of PW-18 cannot be treated as untruthful - The version of PW-18 that she heard the cries of the deceased from public toilet; saw the accused coming out from the toilet with a blood stained sickle and throwing that sickle in a nearby dung-pit is reliable and truthful - This version is reinforced by the strong motive and further corroborated by seizure of blood-s(ained sickle and matching of blood group on the sickle and on the clothes of the deceased - However, none of the exceptions in s. 300 IPC is attracted in the present case, therefore, the case cannot be brought under first part of s. 304 IPC - The accused is liable to be convicted under s. 302 and is sentenced to undergo life imprisonment. Constitution of India: Art. 142 - Criminal appeal before Supreme Court - Filed by accused - Challenging his conviction - Suo-motu notice issued by the court for enhancement of sentence - Permission to withdraw the appeal sought - Held: The appellate cannot be permitted to withdraw the appeal - The show-cause notice has to be taken to its logical end being substantive proceedings ascribable to the jurisdiction of the appellate court uls. 386 r/w. 397 and 401 of Cr.P.C and in the present case plenary jurisdiction of Supreme Court - It is the duty of the Court to decide the case, irrespective of the fact that the accused does not want to prosecute his appeal against conviction - Code of Criminal Procedure, 1973 - ss. 386 r/w 397 and 401. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 1268 |
Petitioner | Gandi Doddabasappa @ Gandhi Basavaraj |
Respondent | State Of Karnataka |
SCR | [2017] 2 S.C.R. 62 |
Judgement Date | 2017-02-28 |
Case Number | 631 |
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