Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Double murder related witnesses |
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 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PENAL CODE, 1860: ss. 148 and 302/149- Double murder - Conviction of one accused only by trial court for causing death of one of the deceased- High Court convicting the appellant and four others - Held: High Court has correctly appreciated the evidence rendered by witnesses - It rightly came to the conclusion that trial court was completely in error by over-looking some crucial and important evidence and placing much reliance on non- mention of name of accused persons in inquest report - High Court has rightly held the appellant guilty u/s 302 read with s. 148 and awarded him sentence of fife imprisonment - Evidence - Evidence of related witnesses - Investigation - Delay in despatch of special report to Magistrate.INVESTIGATION: Inquest - Purpose of - Explained.The appellant and other accused persons were prosecuted for causing death of two persons, namely, 'AD' and 'SK'. The prosecution case was that the accused persons took alongwith them the two victims and assaulted them with deadly weapons causing their death. PW1, the brother of 'AD', and other witnesses tried to save the victims but in vain and in the process PW1 was shot by a pipe gun and he sustained injuries. The trial court convicted A-3 for causing the death of 'AD' and acquitted all other accused. However, on appeal, the High Court convicted the appellant alongwith four others while maintaining the acquittal of others. In the instant appeal, two other convicts had also joined the appellant, but as they did not comply with court's order for surrendering, the appeal with regard to them was dismissed. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 284 |
Petitioner | Guiram Mondal |
Respondent | State Of West Bengal |
SCR | [2013] 2 S.C.R. 1107 |
Judgement Date | 2013-04-26 |
Case Number | 1268 |
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