VidhiSangh

Supreme Court of India · 14/10/2024

SANDEEP versus STATE OF UTTARAKHAND

[2024] 10 S.C.R. 769 · 2024 INSC 771

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Summary

The Supreme Court upheld the appellant's conviction for murder by shooting on the consistent evidence of two eyewitnesses, the recovery of the pistol at his instance and the medical evidence. It set aside the addition of Section 34 IPC because his co-accused were acquitted and he was the sole accused. Considering mitigating factors, it reduced his life sentence to the period already undergone.

Issues

  1. Whether the eyewitness and recovery evidence proved beyond reasonable doubt that the appellant shot the deceased, despite alleged discrepancies and the non-examination of the deceased's wife and one investigating officer.
  2. Whether the appellant's acquittal under the Arms Act and the acquittal of his co-accused entitled him to acquittal of murder.
  3. Whether the conviction with the aid of Section 34 IPC could stand once the co-accused were acquitted.
  4. Whether the life sentence should be modified.

Provisions considered

Held

Result

Appeal partly allowed. Conviction under Section 302 IPC confirmed; conviction with the aid of Section 34 IPC set aside; life sentence modified to the period already undergone, subject to payment of the fine if unpaid. Appellant to be released if not required in any other case; bail bond discharged.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 769.