Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302134 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: ss.302/34 — Allegation that PW-3, the brother of deceased was working with his sons PW-11 and PW-12 in his field - Deceased and his son PW-10 on bullock cart crossed the field of appellants-accused to which appellants objected resulting in altercation — One appellant inflicted injuries in the abdomen of the deceased with the pasli and other appellant attacked him with a dau - When PW-10 tried to rescue his father, he was also badly beaten by the accused ~ PWs11 and 12 were also assaulted — Courts below convicted the appellant u/ss.302/34 — Held: The contradiction pointed out in the evidence of the witnesses and the discrepancies in the prosecution case were duly considered by the courts below — The contradictions so pointed out by the appellants did not create infirmity in the prosecution case — The defence plea that the false case was foisted on the accused due fo political rivalry was not substantiated — On the evidence of injured witnesses and other, the courts below had correctly recorded concurrent findings of fact that the appellants inflicted fatal injuries on the deceased — The entire evidence and the facts and circumstances of the case showed that there was no premeditation on the part of the appellants and the incident was a sudden fight and the scuffle between the parties led fo the causing of injuries to the deceased — Considering the injuries, it cannot be said that accused took undue advantage of the situation — Offence fall u/s.300 Exception 4 — Conviction of the appellants modified and altered to one u/s.304 Part |. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 37 |
Petitioner | Dilip Kumar Mondal & Anr. |
Respondent | State Of West Bengal |
SCR | [2015] 1 S.C.R. 907 |
Judgement Date | 2015-01-14 |
Case Number | 82 |
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