Mohan Singh vs State Of Punjab - 1977 Supreme(SC) 172

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1977 Supreme(SC) 172

SUPREME COURT OF INDIA
Y.V. CHANDRACHUD, P.K. GOSWAMI AND P.N. SHINGHAL, JJ.
Mohan Singh and others, Appellants
Versus
The State of Punjab, Respondent.
Criminal Appeal No. 21 of 1972,
D/- 31-3-1977.

Headnote:
Indian Penal Code,1860 – Section, 302 read with Section, 34 -Evidence by itself sufficient to prove charge Penal Code for which the appellants have been convicted –Court are unable to accept submission that appellants can at highest be held guilty the Penal Code – Held, Penal Code view of evidence that injuries found on person of deceased were sufficient in ordinary course of nature to cause death court have no doubt appellants have been rightly convicted read with Penal Code appeal is accordingly dismissed and the judgment of the High Court is confirmed - Appeal dismissed

Judgment

CHANDRACHUD, J. - The evidence of Rakhpal Singh (P. W. 2) is by itself sufficient to prove the charge under S. 302 read with S. 34 of the Penal Code for which the appellants have been convicted. We are unable to accept Mr. Mookherjees submission that the appellants can, at the highest, be held guilty under S. 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 S. 302 read with S.34 Penal Code. The appeal is accordingly dismissed and the judgment of the High Court is confirmed.

Appeal dismissed.

For Citation: AIR 1977 SC 1800

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