Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: ss. 3021149 - |
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: ss.302/149 — Brutal murder of 5 persons and grievous injury by sharp edged weapons/athis to 7 persons — All the accused related to each other heavily armed with deadly weapons attacked the victims to retaliate their defeat in the village elections ~ When the victims tried to save themselves by taking shelter in a hut, it was set on fire — Victims who tried to run away were also assaulted — Incident occurred at 5 P.M. in sufficient light - Evidence of injured eye witnesses was corroborated by independent witness and medical evidence — Presence of witnesses and identification of accused by victims not disputed — The nature of injuries and the recovery of weapons from the accused showed that it was a massive untoward incident and the accused actively participated in the crime — Prosecution proved guilt of accused beyond reasonable doubt — Conviction upheld — As regards sentence, the accused were on a rampage and running berserk with the only sense triggered by the thrust of avenge — The brutality of the murder must be seen along with all mitigating factors - Though the incriminating circumstances proved by the prosecution unerringly led to the guilt of the appellant but after balancing all the mitigating and aggravating circumstances of the case, the case does not fall under the category of the rarest of the rare cases — There is hope for their reformation and rehabilitation — Also, the repetition of such criminal acts at their hands making the society further vuinerable is also not |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2015 INSC 28 |
Petitioner | State Of U.p. |
Respondent | Om Prakash |
SCR | [2015] 1 S.C.R. 667 |
Judgement Date | 2015-01-13 |
Case Number | 1187 |
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