Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | FIR specific role |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE, 1860 ss. 302/149, 148 and 323/149- Death of two persons and injuries to others as a result of attack by accused persons - Held: Conviction of four of the appellants who have been named in FIR and attributed specific role and the fifth appellant who though not named in FIR but attributed specific role and also stated in his statement u/s.313 about his presence at the place of occurrence and participation, upheld - Remaining appellants acquitted giving them benefit of doubt - Code of Criminal Procedure, 1973 -s.313.CONSTITUTION OF IND/A, 1950: Art. 136 - Scope of - Held: The width and plenitude of powers available under Art. 136 would permit a reappraisal at the apex stage in cases of manifest injuries. Twenty six persons including 16 appellants were prosecuted for murder of two persons and causing injuries to others. The prosecution case was that there was dispute between the complanant's side and the accused-appellants over the land which was in cultivatory possession of the complainant party. On the day of the incident at about 10.00 a.m, when PW1 and others were working in the land in dispute, twenty four named accused and some others came there armed with bows and arrows, knives, daggers, lathis etc. and attacked the complainant party causing death of two persons and injuries to others. The trial court convicted 21 accused u/ss.302/149, 148 and 323/149 and sentenced each of them to imprisonment for life. The High Court affirmed the conviction and sentence. Appellant no. 11 died pending appeal.It was contended for the appellants that out of sixteen appellants found guilty, only five were named in FIR and attributed specific roles and the remaining were not named in the FIR or, if named, no specific role was attributed to them in the evidence adduced at the trial; and that there were several contradictions in the deposition of prosecution witnesses as to the genesis of the incident and actual sequence of events which resulted in the death of two persons who participated in the incident. It was submitted that in the circumstances, the entire prosecution case was rendered suspect entitling the appellants to an acquittal. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 322 |
Petitioner | Khairuddin & Ors. |
Respondent | State Of West Bengal |
SCR | [2013] 3 S.C.R. 478 |
Judgement Date | 2013-05-07 |
Case Number | 2036 |
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