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inder Singh and anr. Vs. State of Madhya Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 297 of 1971
Judge
Reported inAIR1977SC2040; (1977)1SCC2
ActsIndian Penal Code (IPC) - Sections 149 and 302
Appellantinder Singh and anr.
RespondentState of Madhya Pradesh
Excerpt:
criminal - alteration of conviction - sections 149 and 302 of indian penal code, 1860 - issue relates to nature of offence and sentence imposed - injuries caused to deceased includes one on vital part also - no valid reason to alter sentence under sections 302 and 149 to any lesser offence - conviction confirmed. - [] there were five firms in sivakasi manufacturing matches under the name and style of shenbagam match works, brilliant match works, manoranjitha match works, pioneer match works and gnanam match works. the sole proprietor of shenbagam match works and one partner from each of the four firms entered into a partnership in their individual capacity and executed a partnership deed dated april 1, 1950. the income-tax officer registered the said partnership 'deed under s. 26(a)..........and sentence recorded against the appellants and dismiss the.....
Judgment:

P.N. Bhagwati, J.

1. This appeal by special leave is limited only to the question as to the nature of the offence committed by the appellants and the sentence to be imposed on them. We have gone through the relevant part of the evidence and we do not find any reason for altering the conviction of the appellants from one under Section 302 read with Section 149 of the Indian Penal Code to any lesser offence. The evidence shows that no less than 12 injuries were caused to the deceased and at least one of them was on a vital part of the body, namely, the parietal region. Also the weapons which were used by the appellants were lohangis, iron shod sticks, which are clearly lethal weapons. We do not think that in the circumstances the High Court was in error in convicting the appellants of the offence under Section 302 read with Section 149 of the Indian Penal Code. We accordingly confirm the conviction and sentence recorded against the appellants and dismiss the appeal.


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