AIR 1981 SUPREME COURT 1171 ::1980 CriAppR(SC) 369 ::1981 UJ (SC) 323 ::1981 SCC(Cri) 252 ::1980 SCC(Supp) 315

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): A. C. Gupta, P. S. Kailasam , JJ

Penal Code (45 of 1860) , S.302, S.449— Sentence under - Propriety. In prosecution of certain accused persons for offence under Sections 302 and 449, I. P. C. the contention as to occurrence of incident taking place in dark was found to be without any substance. The prosecution case about the accused persons firing at the victim was found to be not inconsistent with the medical evidence. The plea of alibi was not established by the accused. There was no delay in lodging F. I. R. The Additional Sessions Judge, therefore, convicted and sentenced them to imprisonment for life and a fine of Rs. 200/- each. The decision of the Trial Court was upheld by the High Court. On appeal to Supreme Court. Held, that conviction and sentence was proper.(Para 1 2 3 4)