Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1208 302 1860 - ss. 396 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. 396, 302, 1208 - Dacoity with murder - Non-framing of charge of murder - Prosecution C case that appellant along with four others committed dacoity by using deadly weapon, snatched a huge sum from the possession of MS, and in a scuffle MS was shot dead -Charges framed against them for the offence of conspiracy u/s. 120-B, murder u/s. 3021149, and offence punishable ul D s. 396 as well and ML exclusively charged for murder u/s. 302-Acquittal offourothers, however; the appellant convicted u/s. 396 for committing dacoity as well as murder of MS and sentenced to imprisonment for life and fine by courts below - On appeal, held: Pre-condition to perceive an offence of E dacoity with murder is a participating assembly of five or more persons for the commission of the offence - In absence of such an assembly, no such offence is made out rendering the conviction therefor of any person in isolation for murder; even if proved, impermissible in law - To convict such a F person of the offence only of murder; if proved otherwise, there ought to be specific charge to that effect - On facts, prosecution completely failed to either prove the participation of five or more persons in the commission of the offence or G establish their identity- In absence of a singular charge u/s. 302 against the appellant sans the assembly, his conviction for dacoity with murder punishable uls. 396 not sustainable in law- Since the essential pre-requisite of s.391 and 396 not fulfilled, the conviction and sentence of the appellant set aside - Appellant acquitted of the charges. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2015 INSC 253 |
Petitioner | Manmeet Singh Alias Goldie |
Respondent | State Of Punjab |
SCR | [2015] 3 S.C.R. 773 |
Judgement Date | 2015-03-24 |
Case Number | 505 |
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