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Mohan Singh and ors. Vs. the State of Punjab - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 21 of 1972
Judge
Reported inAIR1977SC1800; 1977CriLJ1446; (1977)4SCC601D; 1977(9)LC359(SC)
AppellantMohan Singh and ors.
RespondentThe State of Punjab
DispositionAppeal Allowed
Excerpt:
- y.v. chandrachud, j.1. the evidence of rakhpal singh (p.w. 2) is by itself sufficient to prove the charge under section 302 read with section 34 of the penal code for which the appellants have been convicted. we are unable to accept mr. mookherjee's submission that the appellants can, at the highest, be held guilty under section 304 part ii of the penal code. in view of the evidence of dr. beant kaur (p.w. 1) that the injuries found on the person of the deceased were sufficient in the ordinary course of nature to cause death, we have no doubt that the appellants have been rightly convicted under section 302 read with section 34 penal code. the appeal is accordingly dismissed and the judgment of the high court is confirmed.
Judgment:

Y.V. Chandrachud, J.

1. The evidence of Rakhpal Singh (P.W. 2) is by itself sufficient to prove the charge under Section 302 read with Section 34 of the Penal Code for which the appellants have been convicted. We are unable to accept Mr. Mookherjee's submission that the appellants can, at the highest, be held guilty under Section 304 Part II of the Penal Code. In view of the evidence of Dr. Beant Kaur (P.W. 1) that the injuries found on the person of the deceased were sufficient in the ordinary course of nature to cause death, we have no doubt that the appellants have been rightly convicted under Section 302 read with Section 34 Penal Code. The appeal is accordingly dismissed and the judgment of the High Court is confirmed.


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