Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 147 148 and 149 - Fatal attack 1860: ss.304 Part-I Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss.304 Part-I, 147, 148 and 149 - Fatal attack - Prosecution case was that on the morning of the incident, the cattle of the victim-deceased strayed into the field of the appellant and destroyed the crop - Accused persons abused the deceased where after he herded back the cattle - Later when the deceased and complainant party were sitting in their compound, altercation took place between the deceased and accused persons who resided next door - On exhortation of other accused persons, appellant brought gun and fired at the deceased and the other accused persons attacked him with lathis - Deceased died on the spot - Conviction of all accused persons u/s.302 - High Court modified conviction to one u/s.304 Part I - On appeal, held: The materials on record suggested that the deceased also contributed to the escalating tension and in the process the accused persons jointly unleashed attack 011 him by lat his and also shot him - In the fact situation that developed in quick succession, there was as such no pre-meditation or prior concert 011 the part of the accused persons to com111it murder - The incident happened on the spur of the moment and in an uncontrollable, embittered and agitated state of enragement, thus depriving the accused persons of their power of self control - The evidence shows that the appellants did not have any infamous criminal background as well - Also the incident had occurred in 1982 and more than three decades have passed - In totality of circumstances, conviction of appellants u/s.304-Part 1 rlw ss.147,148,149, as recorded by High Court, is justified - However, in view of facts and circumstances, the sentence for the offence u/ s.304-Part 11149 reduced to rigorous imprisonment for 7 years. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2016 INSC 1070 |
Petitioner | Ram Autar & Ors. |
Respondent | State Of U.p. |
SCR | [2016] 7 S.C.R. 790 |
Judgement Date | 2016-11-28 |
Case Number | 1157 |
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