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 rlw s. 34 - Murder with the aid of contract killers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: s. 302 r/w s. 34 - Murder with the aid of contract killers - Allegation that accused no. 1 hired contract killers accused no. 2 to 4 to kill her daughter-in-law (deceased) as she was annoyed with the deceased on account of domestic dispute - PW-21 servant aged 13 years was eye-witness - Conviction by courts below - On appeal, held: PW-21 was brought from village by accused no. 1 and she used to take care of him, send to school and give food and residence - No reason for him to falsely implicate accused no. 1 - The deposition of PW-21 was that accused no. 4 caught the deceased and accused no. 2 attacked her with knife 3-4 times - Incident occurred in the courtyard and accused no. 1 was present in the passage - Accused no. 3 was standing outside the passage - Accused no. 1 and 2 threatened PW-21 not to disclose about the incident to anyone - Thus accused no. 2 and 4 had a single mission to kill the deceased and had not entered the house to commit robbery - There was no evidence that they had previous animosity with the deceased - Statement of PW-21 that accused no.2 attacked the deceased was corroborated by the recovery of knife from accused no. 2 - Conviction of accused no.1, 2 and 4 upheld - As regards accused no. 3, there was no evidence of his having played any role in the crime - No weapon or any property connected with crime was seized from him - He being innocent is acquitted - Child witness. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2014 INSC 558 |
Petitioner | Raju @ Devendra Choubey |
Respondent | State Of Chhatisgarh |
SCR | [2014] 8 S.C.R. 1084 |
Judgement Date | 2014-08-21 |
Case Number | 822 |
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