PAWAN KUMAR vs STATE OF RAJASTHAN - 2012 Supreme(SC) 882

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2012 Supreme(SC) 882

SUPREME COURT OF INDIA
H.L. DATTU & CHANDRAMAULI KR. PRASAD, JJ.
PAWAN KUMAR & ORS. - Appellants
VERSUS
STATE OF RAJASTHAN - Respondent
Appeal Nos. 1078-1080 of 2009
Decided on : 06-12-2012

Important Points

The Court's decision not to interfere with the judgment and order of the High Court, confirming the conviction and sentence under Section 302 read with 34 of the Indian Penal Code, was based on the lack of requirement for interference.

Subject

Criminal Law - Appeals against Conviction and Sentence

Act Referred

INDIAN PENAL CODE : S.34, S.302

Headnote

Interference - Criminal Appeals - Confirmation of conviction and sentence under Section 302 read with 34 of the Indian Penal Code

Fact of the Case:

The appeals were filed against the confirmation of conviction and sentence under Section 302 read with 34 of the Indian Penal Code by the High Court.

Finding of the Court:

The Court, after hearing the appellants' counsel and reviewing the case records, concluded that the judgment and order of the High Court did not require any interference.

Issues: The main issue was whether the judgment and order of the High Court confirming the conviction and sentence under Section 302 read with 34 of the Indian Penal Code should be interfered with.

Ratio Decidendi: The Court's decision was based on the considered opinion that the judgment and order of the High Court did not require any interference.

Final Decision: The Criminal Appeals were dismissed, and the fee of the learned amicus curiae was assessed at Rs.7,000/-.

ORDER

1. These appeals are filed against the judgment and order dated 24.09.2007 in D.B. Criminal Appeal Nos. 233, 399 and 951 of 2003 of the High Court of Judicature of Rajasthan at Jaipur, whereby the conviction and sentence of the appellants under Section 302 read with 34 of the Indian Penal Code, passed by the Trial Court, was confirmed.

2. We have heard learned counsel for the appellants.

3. Having heard the learned counsel for the appellants at length and having gone through the records of the case, we are of the considered opinion that the judgment and order passed by the High Court does not require any interference by this Court. Therefore, the Criminal Appeals are dismissed accordingly.

4. Fee of learned amicus curiae is assessed at Rs.7,000/-.