Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SURESH SINGHAL |
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 and 304 r/w s.34 - Double murder - Dispute over sale of property - Prosecution case was that on the fateful day, deceased and his brothers were in the office of PW-2 where appellant came with his father and another person - As soon as they entered the office of PW-2, altercation took place between the deceased and the appellant thereafter appellant (oak out his revolver and fired shots - The two brothers died in the incident· - Conviction of appellant and his father for murder - Challenged - Held: Evidence proved that there was a scuffle in which the appellant D was pinned to the floor and deceased attempted to strangulate the appellant - In the scuffle, appellant may have pulled out his gun and upon seeing the gun, the deceased may have released the appellant -and started running upon which the appellant may have fired the shot which hit deceased on back - This also explains the E trajectory of the shot in which the bullet entered the body below the right shoulder, and travelled upwards without exiting - Medical evidence was also to the effect that shot was fired from a distant range - No doubt, the appellant exceeded the power given to him by law in order to defend himself but the exercise of the right was in good faith, in his own defence and without premeditation - The F homicide in the instant case thus did not amount to murder in the view of Exception 2 to s.300 - As regards the killing of second brother, the office in which firing took place was a small area - Yet PW-3 could not specifically state that appellant shot the second deceased - Thus, it was not stated with certainty that the shots which hit the second deceased were fired by the appellant - Conviction of the appellant u/s. 302 for murder is set aside and his conviction u/s. 304 is maintained - Since the appellant has already undergone a sentence of l 31h years, he is sentenced u/s.304 to the period already undergone. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2017 INSC 97 |
Petitioner | Suresh Singhal |
Respondent | State (delhi Administration) |
SCR | [2017] 2 S.C.R. 645 |
Judgement Date | 2017-02-02 |
Case Number | 1548 |
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