Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder sharp cutting weapon |
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: s.302 r/w s.149 - Murder - Assault with lathis leading to death - Two wives of the victim-deceased present at the place of incident where the deceased was called along with PW-7 by accused-appellants, witnessed the incident - PW-7 managed to escape - Deceased was assaulted with lathis which led to his death - Conviction u/s.302 r/w s.149 by courts below - On appeal, held: The evidence of the prosecution witnesses was truthful and, therefore, rightly relied upon by courts below - However, the evidence on record showed that some of the accused had tangies (sharp cutting weapon) in their hand but they did not use it - All accused were stated to have assaulted the deceased simultaneously with lathis - No individual role was ascribed to any one - Doctor also did not state which injury was fatal - Therefore all the accused cannot be said to be guilty of murder - in peculiar facts, it cannot be held that the accused shared common object to murder the deceased and that in prosecution of that common object they caused his death - It is unusual case where a trivial incident of theft of hen by deceased led to his murder - Accused were poor tribals and have been in jail for 14 years - In the interest of justice, conviction u/s.302 r/w s.149 is set aside and the accused are convicted u/s.304 Part Il and the sentence already undergone by them is directed to be treated a sentence imposed on them u/s. 304 Part Il IPC. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2014 INSC 79 |
Petitioner | Badal Murmu And Ors. |
Respondent | State Of West Bengal |
SCR | [2014] 2 S.C.R. 323 |
Judgement Date | 2014-02-05 |
Case Number | 1502 |
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