NDLI: Prasad Pradhan & Anr. Vs. The State of Chhattisgarh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Murder Prosecution Case Penal Code
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 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s. 302 r/w s. 34 – Murder – Prosecution case that appellant/accused and the victim were cousins – On the afternoon of 28.02.2012, when the victim was getting his land levelled through a JCB machine, the appellants (A-1 and A-2) reached the place and attacked him – It was alleged that A-1 was armed with an axe and he attacked the victim on the head – Against A-2, the allegation was that he was armed with an axe and had assaulted the victim on the legs – Regarding A-3, the grandson of A-1 and son of A-2, the allegation was that he went to the spot and caught hold of the victim – Victim sustained several injuries including head injuries – He was taken to the hospital and was examined by a doctor (PW11) – As serious head injuries were involved, the victim was operated by another doctor (PW15) – However, the victim could not survive and died on 22.03.2012 – PW14, doctor conducted the post-mortem and, in his report, (Ex. P-28), stated that death was caused by injuries sustained by the victim on the head – Trial Court convicted all the accused and sentenced them to life imprisonment, for the offence of murder, and six months rigorous imprisonment for the offence u/s.323 IPC – High Court acquitted A-3 on both counts, but affirmed the conviction and sentence of the appellants (A1 and A2) – Held: The nature of the attack by the appellants and the quality of eyewitness testimony of prosecution witnesses, especially PW1 to PW5, cannot be doubted – The circumstance that most of the witnesses were related to the deceased does not per se exclude their testimony – Appellants were armed, a fact which shows pre-meditation on their part – Appellants attacked victim on the head, which is a vital part of the body, thus taking undue advantage of their situation – Lapse of time i.e. victim dying after 20 days, would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder – Conviction and sentence imposed on the appellants, upheld.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2023 INSC 79
Petitioner	Prasad Pradhan & Anr.
Respondent	The State Of Chhattisgarh
SCR	[2023] 1 S.C.R. 241
Judgement Date	2023-01-24
Case Number	2025

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Prasad Pradhan & Anr. Vs. The State of Chhattisgarh

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Prasad Pradhan & Anr. Vs. The State of Chhattisgarh

Prasad Pradhan & Anr. Vs. The State of Chhattisgarh

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