Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Other offence Motive Criminal law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PENAL CODE, 1860: ss. 147, 148, 302/149 and 307/149 _, Group of 15 accused opened fire on complainant party causing death of two and injuries to others-Conviction by trial court - Upheld by High Court - Held: There is ample evidence to support prosecution case that accused came with fire arms and opened fire on complainant party - It is an undisputed fact that two persons died of fire-arm injuries and all the injuries suffered by others were also fire-arm injuries - In the circumstances, non-detection of pellets or bullets will not be of any consequence - Conviction and sentence imposed by courts below cannot be found fault with - Code of Criminal Procedure, 1973 - Investigation - Non-recovery of bullets/ pellets - Criminal law - Motive-, • s.141 read with ss.40, 144 and 149 -"Other offence" occurring in Clause 'Third' of s.141 -- Connotation of - Held: A conspectus reading of s.40 makes it clear that for all offences punishable under IPC, the main clause of s.40 would straight away apply in which event the expression "other offence" used in s.141 'Third', will have to be construed as any offence for which punishment is prescribed under IPC - The principle of ejusdem generis is not applicable - Interpretation of statutes - Ejusdem generis. CODE OF CRIMINAL PROCEDURE, 1973: s.157-Three days' delay in sending express report to Magistrate - Held: There was no delay in reporting the matter to police - FIR was factually recorded without delay and investigation started on the basis of FIR - In the circumstances, delay, in forwarding the report to Magistrate does not in any way vitiate the case of prosecution - Besides, no prejudice is shown to have been caused to accused. EVIDENCE: Testimony of related witnesses - Non-examination of independent witnesses - Discussed - Judicial notice. The appellants were prosecuted for causing death of two persons and injuries to others by gun shots. The prosecution case was that there was bad blood between the accused-appellants in connection with the daughter of A-1, and further with regard to payment of vehicle charges. On the date of incident at about 8.30 A.M. when PW-3, the brother of complainant (PW-2), went to his fields, he was accosted by A-1 to A-4, but he escaped and returned back. By 10.00 A.M., the accused, 15 in number, armed with guns and country-made pistols reached the house of the complainant and opened fire in which one person died on.the spot and others received serious gunshot injuries. One of them died the following day in the hospital. The trial court convicted the accused u/ss 147, 148, 302/149 and 307/149 and sentenced them to imprisonment for life u/s 302/149 and 7 years RI u/s 307/ 149. The High Court confirmed the conviction and the sentences. In the instant appeals, it was contended for the appellants, inter alia, that there was delay in filing the FIR and long delay in forwarding the express report to the Magistrate, which vitiated the prosecution case; that there was a communal tension prevailing in the area and in the milieu, the victims received injuries, therefore, the appellants could not be held responsible for the same merely because they possessed licenced fire-arms. It was also contended that the principle of common object could not be applied to the nature of offences punishable u/ss 302, 307 read with s.149 as well as ss. 147 and .148 IPC and since the expression "other offence" u/s 141, 'Third' has been used along with the offences of mischief or criminal trespass, it can only relate to similar such offences of the same species and not commission of all other offences, as in the case on hand. On behalf of appellant no. 1 in Crl. A. No. 1.165 of 2008, it was contended that he was the resident of a different village and was falsely implicated. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 302 |
Petitioner | Manga @ Man Singh |
Respondent | State Of Uttarakhand |
SCR | [2013] 3 S.C.R. 175 |
Judgement Date | 2013-05-03 |
Case Number | 1156 |
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