Budhan Singh & Ors. V/s State of Bihar

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2006-04-25
Case No: 1221 of 1998
Case Type: Appeal (Criminal)
Judge Name: S.B. Sinha & P.P. Naolekar
Subject: Criminal Law
Statutes / Acts: Arms Act 1959, Code of Criminal Procedure (CrPC) 1973, Indian Penal Code (IPC) 1860
Section: Indian Penal Code (IPC) - Section 34 Indian Penal Code (IPC) - Section 120 Indian Penal Code (IPC) - Section 120B Indian Penal Code (IPC) - Section 193 Indian Penal Code (IPC) - Section 194 Indian Penal Code (IPC) - Section 195 Indian Penal Code (IPC) - S
Bench Strength: Double Bench
State of Appellant(s): Bihar
History of Case No: From the Final Judgment and Order dated 24.2.1998 of the High Court of Patna in Cr. A. No. 574/86
Equal Citation Details :

2006CriLJ2451, [2007(1)JCR372(SC)], JT2006(11)SC365, 2006(3)PLJR111, 2006(4)SCALE570, (2006)4SCC740, [2006]Supp(1)SCR261, 2006(2)ACR1814(SC), AIR2006SC1959, AIR2006SC1959,

Case Note / Description :

Indian Penal Code, 1860 - Sections 302/34, 120B and 201--Arms Act, 1959--Section 25--Murder--Conviction and sentence--Appellants alleged to have snatched away deceased along with cot at point of firearms--Thus, appellants convicted only for offence under Section 201--Ingredients of Section 201--No doubt that appellants had requisite knowledge about commission of offence--In view of concurrent findings of courts below, no case made out for interference--However, all appellant aged more than 70 years--In view of their age and in view of fact of their non-connection with first part of occurrence of commission of murder--They are sentenced to period already undergone in interest of justice.#The ingredients of Section 201 of the Indian Penal Code are as under (1) that an offence has been committed ;that the accused knew or had reason to believe the commission of such offence ; that with such knowledge or belief he-- (a)caused any evidence of the commission of that offence to disappear, or b) gave any information respecting that offence which he then knew or believed to be false ; that he did as aforesaid, with the intention of screening the offender from legal punishment; if the charge be of an aggravated form, as in the present case, it must be proved further that the offence in respect of which the accused did as in (3) and (4) was punishable with death, or with imprisonment for life or imprisonment extending to ten years.

 
 
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