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Head Note

Constitution of India, 1950  - Article 136

Concurrent Findings - Special Leave Petition - Reappreciation of evidence - Held that re-appreciation of evidence is not called for in an appeal under Article 136 of the Constitution in absence of patent illegality or perversity merely because a different view could also be taken.

Indian Penal Code,1860  - Section 300 , Section 302

Exception 4 to Section 300 - Nature of offence - The nature of injuries suffered by the deceased does not show that the injury was suffered accidentally - There are multiple wounds and the face is disfigured - The bones are pulverized - The brain matter was flowing out from all wounds - Seen in the light of previous motive, the accused can be said to have caused the death by acting in a cruel manner - There is nothing on record to establish free fight - Plea of the accused is of false implication - Only possible inference is that the accused has inflicted the fatal injury with a view to cause death - The injuries on the head have been caused with full force - There is prior enmity. It was not a case of any sudden quarrel or sudden provocation or in the heat of passion - Plea of the appellant that the case falls under Exception 4 to Section 300 I.P.C. repelled.

Topic(s)-Murder - Nature of offence - Offence committed is murder