Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 302 324 - Double murder - 307 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 302, 307, 324 - Double murder - Attempt to murder - Double murder of daughter aged 12 years and her father aged 50 years; double life attempts on two. inflicting severe injuries; and theft in the dwelling house by the sole accused - Conviction and sentence for offences punishable u!ss. 302, 307and 324 - However, acquittal by the High Court - On appeal, held: Material on record shows that the accused had the requisite motive for committing the offence - Weapon-sickle used can be convincingly linked to the injuries caused on the deceased - FSL report, credibility of witnesses, foot prints of the offender. narration of incident by the circumstantial witness, identification of the accused/weapon, presence of light in the murder scene, all leads to the guilt of the accused - High Court failed to appreciate the evidence brought before the Court and the facts of the case and set aside the order of the trial court by a non-reasoned order - Thus, the order passed by the High Court is perverse and not sustainable in the eyes of law, and is set aside. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 1262 |
Petitioner | P. Eknath |
Respondent | Y. Amarnatha Reddy @ Babu & Anr. |
SCR | [2017] 2 S.C.R. 394 |
Judgement Date | 2017-02-09 |
Case Number | 1792 |
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