Jagdish V/s State of M.P

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-09-18
Case No: 338 OF 2007
Case Type: Appeal (Criminal)
Judge Name: Harjit Singh Bedi & J.M.Panchal
Subject: Criminal Law-Capital Punishment
Statutes / Acts: Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973
Section: Explosive Substances Act - Section 5 Indian Penal Code (IPC) - Section 84 Indian Penal Code (IPC) - Section 148 Indian Penal Code (IPC) - Section 149 Indian Penal Code (IPC) - Section 302 Code of Criminal Procedure (CrPC) - Section 313 Code of Criminal Pr
Bench Strength: Double Bench
Advocate: Sudhir Kulshrreshtha (P) & N.M. Ghatate, C.D. Singh, Sunny Chaudhary et. al. (R)
State of Appellant(s): Madhya Pradesh
History of Case No: Order dated 27.06.2006 of the High Court of Madhya Pradesh Bench at Indore in Death Reference Case No. 1 of 2006
Equal Citation Details :

2010((1))ALT(Cri)165, 2010(1)ALT(Cri)165, 2009(57)BLJR3095, CLT(2009)Supp.Crl.1765, ILR[2010]MP310, 2010(1)JLJ135(SC), JT2009(12)SC300, 2010(II)MPJR(SC)104, 2009(Supp. (Crl)OLR1765, 2009(12)SCALE580, [2009]14SCR727, 2009(9)UJ4499,  2010(1) ALD(Cri)277

Case Note / Description :

The present appeal - Appellant contented that he should not be convicted as he is a person of unsound mind and incapable of understanding the nature of his actions and that he should be absolved of any liability as per under Section 84 of the IPC - Held, to avail the benefit of this provision a person who at the time when the act was done was incapable of knowing the nature of his act or that what he was doing was wrong or contrary to law - In the present case, plea cannot be allowed as said plea with regard to the Appellant’s mental condition had been taken for the first time at the SLP stage - Plea rejected - Appeal dismissed Criminal - Murder - Conviction - Circumstantial evidence - Whether in the absence of eye witness there exists relevant circumstances which point towards the guilt of the Accused - Held, in a case of circumstantial evidence motive does have extreme significance but to say that in the absence of motive, the conviction based on circumstantial evidence cannot, in principle, be made is not correct - In the present case, there are relevant circumstance pointing towards Appellant’s involvement - Medical evidence corroborated the fact that knife recovered at the instance of the Appellant could have been used to commit the murders - After murder the fact that Appellant tried to commit suicide is well corroborated by medical evidence where doctor reported six superficial incised injuries on his person as well as by the testimony of the witness to whom Appellant told that he tried to commit suicide after the murder. 

 
 
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