Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 14B 324 and 3241149 - Murder Penal Code 1 B60 - ss. 302 |
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 — ss. 302, 148, 324 and 324/149 — Murder — Previous animosity between the parties - On the fateful day, accused persons armed with weapons stabbed the victim multiple times who succumbed to his injuries three days later - PW1 escaped the assault — Conviction of A7 to A5 and A7 to AQ for offences punishable u/ss. 148 and 302 and conviction of A2 to A5 u/s. 324 and AS u/s. 324/ 149 on the basis of the testimony of the eye-witnesses-PW 2 and PW 3 and the dying declaration of the victim — Acquittal of A4, A8 and A9 by High Court but conviction of other accused upheld — On appeal, held: Facts and circumstances clearly bring out that there was an unlawful assembly — Prosecution established the presence of witnesses at the place of occurrence — Dying declaration was totally reliable — High Court acquitted A4, A& and A9 because they were falsely implicated but the same could not be a ground to discard the otherwise reliable dying declaration, since the evidence in entirety showed the involvement of the accused — Plea of alibi of accused-A1, could not be accepied since his presence was proved — Considering the nature of injuries and the previous animosity, it is not a fit case to convert the offence u/s. 302 to s. 304 Part | -— Thus, the order passed by the High Cou:t |
Judge | Honble Mr. Justice Dipak Misra Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2015 INSC 352 |
Petitioner | Vutukuru Lakshmaiah |
Respondent | State Of Andhra Pradesh |
SCR | [2015] 4 S.C.R. 750 |
Judgement Date | 2015-04-24 |
Case Number | 2047 |
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