state of Uttar Pradesh V/s Sattan @ Satyendra & Ors

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-02-27
Case No: 314-315 OF 2001
Case Type: Appeal (Criminal)
Judge Name: Arijit Pasasyat Mukundakam Sharma
Subject: Criminal Law-Capital Punishment
Statutes / Acts: Indian Penal Code, 1860
Section: s.302.
Bench Strength: Double Bench
State of Appellant(s): Uttar Pradesh
History of Case No: e judgment of a Division Bench of the Allahabad High Court by which two Criminal appeals filed by accused Sattan, Uppendra, Hari Pal son of Kiran Singh and Hari Pal son of Ram Charan (Criminal Appeal No. 2140 of 1999) and Criminal Appeal No. 2237 of 1999
Case Note / Description :

Murder of six members of a family including helpless women and children having been committed in a brutal, diabolic and bristly manner and the crime being one which is enormous in proportion which shocks the conscious of law, the death sentence as awarded in respect of accused Sattan and Guddu was the appropriate sentence and the High Court ought not to have altered it. So far as the acquittal of the Hari Pal son of Kiran Singh and Hari Pal son of Ram Charan are concerned, the High Court has noted that the evidence so far as their involvement is concerned was not totally free from doubt. The High Court have analysed the factual scenario in detail to direct the acquittal. We find no reason to differ from the conclusions of the High Court. The acquittal as directed stands affirmed. So far as other four respondents i.e. appellants in Criminal Appeal No.2237 of 1999 is concerned they were charged under Section 120 B. It has been recorded by the High Court that except the suspicion which the informantwas having in her mind about the involvement of these four accused persons there was neither any direct or circumstantial evidence to fasten the charge of criminal conspiracy. That being so the High Court was justified in 28directing their acquittal. Criminal Appeal No. 314 is allowed. The State’s appeal so far as Sattan and Upendra are concerned is allowed to the extent that the death sentence as was awarded by the trial court is restored so far as they are concerned. The appeal fails so far as respondents Hari Pal son of Kiran Singh and Hari Pal son of Ram Charan are concerned

 
 
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