Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | sudden fight undue advantage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PENAL CODE, 1860: s.302/34 and s.300, Exception 4 - Conviction by trial court of 5 accused u/s 302 149 IPC - Acquittal of one accused by High Court - Held: The evidence of eye-witness makes it clear that the deceased was attacked by the four appellants in furtherance of their common intention and, as such, they all were liable u/s 302/34 for causing this death - Further, deceased was unarmed and the accused-appellants were armed with knives and attacked him even after he fell down - They took undue advantage and acted in cruel and unusual manner towards the deceased - Besides, keeping in view the injuries on the deceased, Exception 4 to s.300 is not attracted - Conviction and sentence of appellants u/s 302/34 upheld.The four appellants along with two others were prosecuted for committing offences punishable u/ss 147, 148, 341, 324 and 302 IPC. The prosecution case was that there was previous enmity between 'R' the younger brother of the informant (PW-1) and 'E', one of the accused-appellant. On 25.1.2004 at around 5.30 P.M., 'E' telephoned the wife of 'R' and threatened her. At about 10.15 p.m. 'R' asked 'E' about this, whereupon 'E' and his companions attacked 'R' and PW-1 with knives. 'R' died on the spot. The trial court convicted A-1, A-2, A-3 and A· 4 u/ss 148, 324/149 and s.302/149 IPC; and A-6 u/ss 147, 324/149 and 302/149 IPC. However, A-5 was acquitted of all the charges. High Court further acquitted A-6, but maintained the conviction of A-1, A-2, A-3 and A-4. In the instant appeals filed by the convicts, it was, inter alia, contended for the appellants that on acquittal of two accused, conviction of the four appellants u/s 302/149 IPC was not sustainable; that there was doubt about B the date, time and place of registration of FIR; that there were discrepancies in the evidence of PW-1, PW-2 and PW-3. Alternatively, it was contended that the offence committed by the appellants would fall under Exception 4 to s.300 IPC and as such they would, at best, be liable u/s 304 IPC. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 175 |
Petitioner | Babu And Anr. |
Respondent | State Rep. By Inspector Of Police, Chennai |
SCR | [2013] 2 S.C.R. 438 |
Judgement Date | 2013-03-19 |
Case Number | 353 |
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