Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 324 323 1860: ss. 308134 Penal Code |
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: ss. 308134, 323, 324 - Previous enmity - Prosecution case is that two brothers (appellants) alongwith female family members formed an unlawful assembly and armed with lethal weapons caused injuries to few persons - In the incident.father of the appellants died and one of the appellant received injuries - Trial court gave a finding that there was a free fight between both the parties and therefore convicted the accused for their individual liability - High Court held that since both the parties had withheld the origin and genesis of the occurrence and since it cannot be determined as to which party was the aggressor, the case has to be decided against the accused persons treating it as a case o/ free fight between the parties - On appeal. Held: Once the Court came to a finding that the prosecution has suppressed the genesis and origin of the occurrence and also failed to explain the injuries on the person of the accused including death of father of the appellants, the only possible and probable course left open was to grant benefit of doubt to the appellants - Appellants are, therefore, acquitted of all the charges. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 438 |
Petitioner | Bhagwan Sahai And Anr. |
Respondent | State Of Rajasthan |
SCR | [2016] 3 S.C.R. 533 |
Judgement Date | 2016-06-03 |
Case Number | 416 |
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