Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860- s. 302 rw 34 - Murder |
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—-s. 302 rw 34— Murder —Allegation that appellant along with other persons committed murder of the deceased to take revenge of the earlier incident of dacoity and murder — Conviction of four persons u/s. 302 rw s. 34, however, acquittal of three by the High Court giving them benefit of doubt while conviction of the appellant upheld — Conviction of the appellant on the basis of the statement pf eye witness-PW2 and its corroboration — On appeal, held: Since the acquittal of all co-accused became final, the conviction of the appellant u/s. 34 is not sustainable — As regards the individual role of the appellant, there is sufficient ocular evidence that appellant had fired the first shot which landed on the wrist of the deceased which is corroborated by the medical evidence — Contradiction between FIR and the GD entry was not in relation to the role of the appellant - Delay in recording statement of PW2, non-recovery of the weapon used for crime as also no independent witness brought forth by prosecution, cannot be a ground for acquittal — Thus, the role attributed to the appellant proved that he caused gunshot injury on the wrist of the deceased but the same could not have caused his death — Conviction altered to one u/s.326 and sentenced to 10 yrs rigorous imprisonment. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2015 INSC 361 |
Petitioner | Hari Shankers |
Respondent | State Of Uttar Pradesh |
SCR | [2015] S.C.R. 228 |
Judgement Date | 2015-04-28 |
Case Number | 2180 |
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