SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and M.B. Shah, JJ.

Criminal Appeal No. 1027 of 1999. D/d. 14.12.1999.

Satnam Singh - Petitioner

Versus

State of Rajasthan - Respondent

Indian Penal Code, 1860 Section 302 Murder - Proof - Evidence of eye-witness is fully corroborated by other witness - Conviction of accused based on evidence of eye-witness - Held, it cannot be said that intention of accused was not that one of murder - No infirmity with the conviction and sentence of accused - Appeal Dismissed.

[Para 1]

ORDER

1. The appellant has been convicted under section 302 Indian Penal Code for having caused the murder of Amarjeet Singh. At the time of issuing notice, limited notice had been issued with regard to the nature of offence. From the evidence of PW.2, who is an eye-witness to the occurrence, it transpires that Amarjeet Singh and Satnam were fighting with each other. When PW.2 caught Amarjeet Singh and took him inside, who was her brother, and in that process while she had already pushed Amarjeet Singh into her house, Satnam fired from a pistol in his hand, on account of which Amarjeet died. Her evidence is fully corroborated by PW.1. This being the scenario under which the death occurred, it is difficult for us to hold that the intention of Satnam was not that one of murder. We, accordingly, find no infirmity with the conviction and sentence of the appellant Satnam under section 302. The appeal fails, and is dismissed.

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