Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 304 Part-I 1860: s. 302 rlw s. 149 |
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: s.302 r/w s.149; 304 Part-I - Allegation that accused persons committed murder of PW- 3's wife — Prosecution case was that PW-3 had purchased land for cattle shed from A-1 — Later their relations became bitter and A-1 started pressurizing PW-3 to vacate the land — On fateful day, accused armed with weapons barged in the cattle shed and started removing the iron sheets fixed on roof - Scuffle took place between PW-3 and accused persons — A- 1 set fire on the cattle shed — Wife of PW-3 present in cattle shed caught fire - When PW-3 tried to save his wife, A-2 inflicted axe biow on him — PW-3’s wife succumbed to burn injuries — Conviction u/s. 302 by courts below — Held: it was a fight on a spur of moment between the two male groups on the issue of taking possession of cattle shed with no intention to kill any one — Had the appellants not ablaze the cattle shed, the incident of death of PW-3's wife would not have occurred — In the absence of any overt act attributed to any of the appellants towards the deceased for inflicting any injury to her, the appellants could not have been convicted for an offence of murder so as to attract the rigour of s.302 — Instead they are liable to conviction u/s.304 Part I. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 85 |
Petitioner | Balu S/o Onkar Pund & Others |
Respondent | The State Of Maharashtra |
SCR | [2015] 1 S.C.R. 970 |
Judgement Date | 2015-02-02 |
Case Number | 175 |
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