State of H.P. v. Ram Krishan
Penal Code, 1860 – Sections 302, 452, 427 and 323 – Murder
Case brief
What is this about?
State of H.P. v. Ram Krishan, Criminal Appeal No. 553 of 2002 (Supreme Court of India, January 12, 2009, Dr. Arijit Pasayat, J.): State's appeal against High Court acquittal under s.302 IPC allowed in part - consistent eye-witness testimony of PWs 1, 2, 3, 5 and 6 established that the accused dealt a stone blow to the left side of the deceased's head, causing the fatal injury (No. 9, fracture of the left temporal region); the High Court's theory that the deceased slipped and rolled down before the stone strike was held to be based on surmises and conjectures; the acquittal was set aside, the trial court's conviction under s.302 IPC was restored, and the respondent was directed to surrender to custody forthwith.
What did the court decide?
Appeal allowed to the aforesaid extent: the High Court's judgment directing acquittal of the respondent under Section 302 IPC is set aside, the trial court's order of conviction is restored, and the respondent is to surrender to custody forthwith to serve the remainder of sentence.