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1 - 6 of 6 (0.21 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Shamsher Singh & Anr vs State Of Punjab on 23 August, 1974
2. We have care fully gone through the evidence led on behalf of the prosecution and we do not see any reason to interfere with the concurrent view taken by the learned Additional Sessions Judge and the High Court in regard to the appreciation of such evidence. It is, no doubt, true that there was some delay in the filing of the first information report to Surja and the explanation given for the delay does not appear to lie very satisfactory, but that cannot by itself be a ground for disbelieving the prosecution evidence and particularly when it has been accepted both by the learned Additional Sessions Judge and the High Court. We must accordingly hold that the appellants were rightly convicted for causing the death af Khub Ram by causing him injuries. The only question could be as to what was the offence committed by the appellants, whether it was under Section 304 read Section 34, or under Section 302 read with Section 34. The High Court took the view that the offence was one under Section 302 read with Section 34, since the injuries caused by the appellants were sufficient in the ordinary course of nature to cause death and the appellants did intend to cause these injuries. We think the High Court was right in taking this view and it is amply supported by the decision of this Court in Virea Singh v. State of Punjab . We do not, in the circumstances, see any reason to interfere with the conviction of the appellants, and if the offence for which they are convicted falls rightly within Section 302 read with Section 34, it is obvious that the life sentence imposed on the appellants, must be maintained.
Section 323 in The Indian Penal Code, 1860 [Entire Act]
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