Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 307 3071149 Penal Code 449 1860 - ss .. 302 324 3021109 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - ss .. 302, 307, 3071149, 3021109, 449, 324 - Conviction and sentence under- Prosecution cas~ that all the accused persons on provocation entered the house of PW 1 armed with weapons individually - Accused persons attacked PW 1, his family members and friend causing D injuries to them - Three co-accused held the lady-wife of PW 1 and A 1 slit her throat resulting in the death of the lady - Accused persons beaten by the people gathered and taken to the hospital and thereafter, arrested -ยท On basis of the evidence, courts below convicting all the accused u/s. 449; E A1 u/s. 302, 307; A2 - A4 u/ss. 3071149, 3021109; and A3 - A4 u/s. 324 /PC and sentenced them accordingly - On appeal, held: Post mortem doctor in her certificate confirmed the multiple knife injuries found on the body of the deceased - Extensive injuries were sustained by the injured eye- F witnesses - Thus, overwhelming evidence available on record to support the prosecution case as regards the use of multiple weapons in the crime committed by the appellants - It cannot be said that there was no scope to invoke ss. 109 and 149 and only Section 304 Part II, /PC can be applied - Further, having regard to the extensive use of the weapons by the accused G in the process of killing of the deceased and the inflicting of the injuries on the prosecution witnesses, no concession in the matter of punishment can be given - A 1 being only 17 years and 9 months on the date of the occurrence, and having already suffered more than the maximum period of detention as provided under the Juvenile Justice Act, while upholding his conviction, he is entitled for the benefit of the provisions of the Act and the sentence already undergone by him to be sufficient - Sentence/Sentencing - Juvenile Justice Act. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2014 INSC 527 |
Petitioner | Hakkim |
Respondent | State Represented By Deputy Superintendent Of Police |
SCR | [2014] 7 S.C.R. 978 |
Judgement Date | 2014-08-06 |
Case Number | 567 |
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