Criminal Appeal No. 667 of 2011. Case: Gul Singh Vs State of M.P.. Supreme Court (India)
| Case Number | Criminal Appeal No. 667 of 2011 |
| Counsel | For Appellant: V. Ramasubramanian and A. Lakshminarayanan, Advs. and For Respondents: C.D. Singh and Sakshi Kakkar, Advs. |
| Judges | V. Gopala Gowda and A.K. Goel, JJ. |
| Issue | Evidence Act - Section 118; Indian Penal Code (IPC) - Sections 34, 302, 307, 366, 368, 376, 376(1), 376(2) |
| Judgement Date | September 16, 2014 |
| Court | Supreme Court (India) |
Judgment:
A.K. Goel, J.
1. This appeal has been preferred against the conviction and sentence of the Appellants Under Section 302/34 of the Indian Penal Code (Indian Penal Code) for the murder of Mishribai for which they stand sentenced to life imprisonment apart from conviction and sentence of Appellant Gul Singh @ Gulia Under Section 376 Indian Penal Code and conviction of Appellants for other offences as appearing from the operative part of the order of the trial Court and the High Court which is clear from the impugned judgment of the High Court as follows:
The Appellants have preferred this appeal against the judgment dated 07/10/1999 of the Vth Additional Sessions Judge, Indore, passed in Session Trial No. 331/1998 by which the Appellants have been convicted Under Sections 366, 368 read with Section 34 of the Indian Penal Code to rigorous imprisonment for ten yeas and fine of Rs. 1,000/-, in default of payment of fine to rigorous imprisonment of six months, Under Section 376(2)(g) of the Indian Penal Code to rigorous imprisonment for ten years and fine of Rs. 1000/- in default of payment of fine to further rigorous imprisonment for six months Under Section 302/34 to imprisonment for life and fine of Rs. 1,000/-, in default of payment of fine to further rigorous imprisonment for six months; and, Under Section 307/34 to rigorous imprisonment for five years and fine of Rs. 500/-, in default of payment of fine to rigorous imprisonment for three months. All the substantive sentences have been directed to run concurrently.
The operative portion of the High Court judgment is as follows:
....The Appeal of Gul Singh @ Guliya is dismissed and his conviction and the sentence passed against him are maintained except that his conviction Under Section 376(2)(g) is altered to Section 376(1) and the punishment awarded thereunder is maintained; the appeal as regards Appellant No. 2 - Roomal s/o Dalsingh Bhil, No. 3 Gulab s/o Thavriya Bhil and No. 4 - Mohan s/o Gobriya Bhil is partly allowed. While their conviction Under Section 366, 368/34, 302/34 and 307/34 and the sentence awarded thereunder are maintained, their conviction Under Section 376(2)(g) is set aside.
2. Case of the prosecution is that on the night intervening 24th /25th of May, 1998, while Girdhari had gone to the farm of his employer for driving the Tractor and other family members were asleep in his house, at 02.00 mid-night, the accused persons with a view to kidnap Parubai...
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