Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s.302 r/w s.34 - Murder Penal Code |
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 - s.302 r/w s.34 - Murder - 13 accused- Prayer of A-12 for grant of 'pardon' and to treat him A . B as an 'approver' allowed by trial court - Disclosure made by approver (A-12), who was examined as PW-6 - Trial Court convicted A-5 and A-11 u/s.302 but acquitted the remaining ten accused - On appeal, High Court set aside acquittal of A-4, A-7, A-9 and A-1 and convicted them u/ss. 302/34 and also affirmed conviction of A-5 & A-11 u/s.302 - Justification of - Held: Justified - The statement of approver (PW-6) was confidence inspiring and as rightly pointed out by the High Court, there was nothing wrong in accepting his entire statement - The analysis of statement of various persons, particularly, eye-witnesses clearly strengthen the case of PW- E 6, approver, in all aspects including conspiracy, planning to attack the deceased for his statement about the students' movement, actual incident, role played by the assailants and subsequent events after the gunshot till the death of the deceased -As rightly observed by the trial Court and the High Court, the ocular evidence of the approver (PW-6) stood corroborated by the medical evidence of PW-14 (the doctor who conducted post mortem) and the post mortem examination report (Ex. 7) - There was common intention among the accused persons including the six persons identified by the eye-witnesses - High Court was right in applying s.34 and basing conviction of six accused persons i.e. A-5, A-11, A-9, A-7, A-4 and A-1 |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 650 |
Petitioner | Mrinal Das & Ors. |
Respondent | The State Of Tripura |
SCR | [2011] 14 S.C.R. 411 |
Judgement Date | 2011-09-05 |
Case Number | 1994 |
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