STATE OF MADHYA PRADESH versus GANGABISHAN @ VISHNU & ORS.

STATE OF MADHYA PRADESH versus GANGABISHAN @ VISHNU & ORS.

In the absence of corroboration from medical evidence supporting the eye-witness and dying declaration, liability for offences under Sections 302/149 and 325/149 IPC cannot be fastened on accused Nos.2 to 9; evidence established only the act of accused No.1, which did not manifest intention to commit murder but was likely to cause death, justifying his conviction under Section 304 (Part I) IPC.

Parties
Appellant: State of Madhya Pradesh; Respondents: Gangabishan @ Vishnu & Ors.
Jurisdiction
India
Judgment Date
27 July 2018
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal by Special Leave Against High Court Acquittal/conviction Order
Outcome
Appeal dismissed
Legal Topics
Indian Penal Code S.302/149, Indian Penal Code S.325/149, Indian Penal Code S.147, Indian Penal Code S.148, Indian Penal Code S.440, Indian Penal Code S.304 (part I), Culpable Homicide Not Amounting to Murder
Criminal Law Indian Penal Code S.302/149 Indian Penal Code S.325/149 Indian Penal Code S.147 Indian Penal Code S.148 Indian Penal Code S.440 Indian Penal Code S.304 (part I) Culpable Homicide Not Amounting to Murder

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Parties

State of Madhya Pradesh

Appellant

Gangabishan @ Vishnu & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal by Special Leave Against High Court Acquittal/conviction Order

Legal Issues

  1. 1 Whether conviction of accused Nos.2 to 9 under Sections 302/149, 325/149 IPC was justified
  2. 2 Whether conviction of accused No.1 under Section 302 IPC to be sustained or altered to Section 304 (Part I) IPC

Ratio Decidendi

In the absence of corroboration from medical evidence supporting the eye-witness and dying declaration, liability for offences under Sections 302/149 and 325/149 IPC cannot be fastened on accused Nos.2 to 9; evidence established only the act of accused No.1, which did not manifest intention to commit murder but was likely to cause death, justifying his conviction under Section 304 (Part I) IPC.

Court Disposition

Appeal dismissed