VidhiSangh

Supreme Court of India · 25/02/2021

DEVILAL AND OTHERS versus STATE OF MADHYA PRADESH

[2021] 1 S.C.R. 592 · 2021 INSC 118

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Summary

The Supreme Court upheld the appellants’ guilt for a fatal assault on the strength of the victim’s FIR as a dying declaration, eyewitness testimony and corroborating weapon recoveries. It affirmed the convictions and sentences of two appellants. The third, found to have been below eighteen at the offence, received the benefit of the Juvenile Justice Act, 2000 despite the earlier law’s lower male age threshold: his conviction remained, but life imprisonment was set aside and the case remitted to the Juvenile Justice Board to determine an appropriate fine.

Issues

  1. Whether the dying declaration and eyewitness evidence supported the convictions.
  2. Whether an appellant below eighteen at the offence could receive the 2000 Act’s benefit while his appeal was pending.

Provisions considered

Held

Result

Appeal dismissed as to Devilal and Gokul, whose convictions and sentences were affirmed. Amrat Ram’s conviction maintained, life imprisonment set aside and matter remitted to the Juvenile Justice Board for an appropriate fine.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 592.