Law: Penal Code (XLV of 1860)

Section: 302(b)/324/148/149

(a) Administration of justice--- ----Law does not recognize system of private revenge. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b)/324/148/149---Appreciation of evidence---Double murder---Description of injuries, failure to attribute---Quantum of sentence---Accused attacked complainant party in court room with sharp-edged weapons---Out of two deceased one suffered 22 injuries and the other sustained 24 sharp-edged weapon injuries on different parts of their bodies including face, forehead, abdomen and chest---Complainant also received sharp-edged weapon injuries at the hands of assailants---Trial Court convicted all accused persons under S.302(b), P.P.C. and sentenced them to death penalty---Plea raised by accused was that prosecution witnesses had specifically attributed each and every injury of deceased person---Validity---Way the deceased and prosecution witnesses were attacked, it was not possible for eye-witnesses including injured to attribute each and every injury of deceased person to -assailants specifically--All five accused actively participated in occurrence and caused Chhuri blows to deceased persons and injured complainant---Accused were caught red-handed with blood-stained Chhuries in Sessions Court premises---Mere fact that eye-witnesses could not attribute each and every injury of deceased persons to accused specifically would hardly benefit accused while determining quantum of sentence---Accused formed unlawful assembly which resulted in violence and, therefore, 'they all were convicted under S.148, P.P.C. and sentenced to three years imprisonment---All accused made murderous assault on complainant by causing sharp-edged weapon injuries on different parts of his body, therefore, all accused were convicted under Ss.324 & 149, P.P.C. and sentenced to five years imprisonment---High Court in exercise of appellate jurisdiction also maintained conviction and sentence awarded by Trial Court---Appeal was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement---Age of accused---Proof---Statement of accused without oath regarding his age cannot be and should not be accepted as conclusive proof of his age,…

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