Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 147 148 r/w s.149 - Murder - . Penal Code 1860 - ss.302 |
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, 147, 148 r/w s.149 - Murder - . Prosecution case was that accused persons were outraged over the fact that in spite of their protest, the younger brother of the victim- deceased married a girl hailing from their community- On the fateful night, when the victim-deceased, his wife and children were sleeping, accused persons assaulted the deceased in sleeping condition with a large knife - Victim died on the spot - Whole incident was witnessed by his wife (PW-1) - Courts below found the accused persons guilty - Whether concurrent findings of fact call for interference in the facts and circumstances of the case - Held: in the present case, there were concurrent findings as to the guilt of the accused persons by both the courts below - In upholding the order of conviction of the trial court, the High Court had primarily relied upon the evidence of eye-witnesses, namely, PW1 who was found to be trustworthy - The weapon, being knife, was recovered and Panchnama was also proved - Common object was proved by prosecution - Further, in view of the evidence of PW5 and PW6, recovery of the weapon, being large knife with plastic handle, was corroborated - The offence of murder of the deceased was, therefore, proved beyond all reasonable doubt against the accused - No reason to interfere with the order of High Court. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2017 INSC 1275 |
Petitioner | Soyebbhai Yusufbhai Bharani & Ors. |
Respondent | State Of Gujarat |
SCR | [2017] 2 S.C.R. 716 |
Judgement Date | 2017-03-23 |
Case Number | 1418 |
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