KHILAN & ANR versus STATE OF M.P.

KHILAN & ANR versus STATE OF M.P.

Both the Trial Court and the High Court independently and thoroughly appreciated the ocular and medical evidence; medical evidence showed multiple incised injuries causing instantaneous death, weapons were recovered at the instance of accused, and the witnesses' evidence was consistent and corroborated the medical report. No infirmity or miscarriage of justice was shown that would justify interference under Article 136; accordingly the convictions and sentences as upheld by the High Court were maintained while the acquittal of Sangram Singh was left undisturbed due to specific inconsistencies about his participation.

Parties
Appellant: Khillan; Appellant: Gainda Lal; Respondent: State of M.P.
Jurisdiction
India
Judgment Date
09 March 2010
Procedural Posture
Criminal Appeal / Appeal to Supreme Court
Outcome
Appeals dismissed
Legal Topics
Murder, Section 302/34 IPC, Article 136, Appreciation of Evidence, Unlawful Assembly
Criminal Law Constitutional Law Murder Section 302/34 IPC Article 136 Appreciation of Evidence Unlawful Assembly

Case Brief

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Parties

Khillan

Appellant

Gainda Lal

Appellant

State of M.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court

Legal Issues

  1. 1 Whether the accused formed an unlawful assembly and in furtherance of common object committed murder under Section 302/34 IPC
  2. 2 Whether the ocular and medical evidence sufficiently proved the guilt of the appellants
  3. 3 Whether the High Court and Trial Court's concurrent appreciation of evidence is vitiated so as to merit interference under Article 136 of the Constitution

Ratio Decidendi

Both the Trial Court and the High Court independently and thoroughly appreciated the ocular and medical evidence; medical evidence showed multiple incised injuries causing instantaneous death, weapons were recovered at the instance of accused, and the witnesses' evidence was consistent and corroborated the medical report. No infirmity or miscarriage of justice was shown that would justify interference under Article 136; accordingly the convictions and sentences as upheld by the High Court were maintained while the acquittal of Sangram Singh was left undisturbed due to specific inconsistencies about his participation.

Court Disposition

Appeals dismissed

Orders

  • Criminal Appeal No.1348 of 2007 dismissed
  • Criminal Appeal No.1540 of 2008 dismissed