Supreme Court · 1995 INSC 337 · Decided 4 May 1995
Shamshul Kanwar v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 337 · [1995] 3 S.C.R. 1197
- Case number
- CRIMINAL APPEAL No. 887/1994
- Decided
- 4 May 1995
- Bench
- M.M. PUNCHHI, K. JAYACHANDRA REDDY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149; CrPC Section 235(2), 366, 177r, 172, 161; Evidence Act Section 145, 161
Headnote
B Indian Penal Code 1860: S.302 read with S.149--Faction fighting with 1 deadly weapons resulting in death of ten persons-All deceased belonging to -' prosecution party who had come to village for a burial-Held, accused party were the aggressors; shared common object of unlawful assembly to kill atiack with rifles and deadly weapons resulting in death of ten persons-High Cowt confirming death sen:ence awarded to leader of accused D p011y-Held: accused did not act in diabolical manner to bring the case within the meaning of 'rarest of rare' cases ; sentence commuted to life
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