Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 148 and 452 149 1860-Sections 302 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-Sections 302, 149, 148 and 452-Evidence Act, 1872-Sections 3 and 27-Accused persons armed with weapons intercepting a bus-Indiscriminate firing at deceased persons resulting in their death- Two of the deceased chased and killed thereafter. and two persons managed to escape-FIR lodged-Investigation conducted-Post mortem report showing only gun shot injuries on the bodies of deceased person-Deposition about the incident by those who managed to escape-Conviction of accused persons armed with fire arms and imposition of death penalty-Order upheld by High Court-Acquittal of accused persons who were allegedly armed with lathis by trial court-However, High Court setting aside acquittal of accused S, convicted him and imposed death sentence-On appeal, held: Even though investigation conducted not satisfactory, evidence of those who managed to escape was clear and convincing with regard to the incident-FIR genuine and Investigating Officer not given opportunity to explain delay in sending FIR to the Magistrate--Common object of unlawful assembly clear from evidence- However, no evidence with regard to the overt acts by individual accused-Possibility of some armed with firearms but not had the occasion to use it though shared common object of unlawful assembly -Hence, imposition of death sentence not justified-Conviction upheld on all counts and death sentence commuted F to life imprisonment-Furthermore, it cannot be held that death sentence cannot be imposed in absence of various overt acts by individual accused-Recovery of country-made pistol and motor cycle made pursuant lo the confessional statement made by accused S not satisfactorily proved since recovery purported to have been made when accused produced in the Court-Order of High Court not justified and accused S acquitted of all charges Code of Criminal Procedure, 1973-Sections 154 and 366. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2004 INSC 331 |
Petitioner | Sahdeo And Ors |
Respondent | State Of U.p. |
SCR | [2004] Supp. (1) S.C.R. 918 |
Judgement Date | 2004-04-30 |
Case Number | 11-13 |
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