Abdul Razaq v. Nanhey and Ors. : Case Summary
Abdul Razaq v Nanhey and Ors.
Author : Shruti Kumari
CITATIONS: A.I.R. 1984 S.C. 452, 1984 Cri.L.J. 185, 1954 Supp (1) S.C.C. 15
BENCH: E. Venkataramiah, O.C. Reddy, S.M. Ali
INTRODUCTION:
This Case is at the stage of appeal through the special leave petition under Art. 136 of the Constitution of India and is against the decision of the hon’ble high court. The case is based on the charges of murder under sections 302 r/w 34 and 201 (causing disappearance of evidence of offence), Indian Penal Code.
FACTS:
In this case of Abdul Razaq v Nanhey and Ors., accused were Nanhey and Bandu.
According to the Prosecution, the head of the deceased had been chopped of and there were having two intrinsic injuries In the trial court they were found to be guilty of offences punishable under sections 302/34 & 201, Indian Penal Code and accused Nanhey was sentenced to death and Bandu was sentenced to life imprisonment for the offence punishable under sec. 302/34 and both were sentenced for 3 yrs. of rigorous imprisonment under sec. 201, Indian Penal Code.
But High Court has acquitted these accused of the charges under sec. 302/34 & 201, Indian Penal Code. As unlike the Trail Court, High Court had considered all the evidences of all witnesses & the circumstances of the case and according to hon’ble High Court it was of opinion that prosecution witnesses were entirely responsible for false implication of the accused.
Since it is contended that the eye witnesses had seen the incident from some distance but the father of the deceased did not mentioned the names of the accused. Moreover, the FIR was filed late and was apart from the reasonable delay. So, on the basis of these contentions High Court did not consider the evidences of all the eye witnesses. Then, against the decision of Hon’ble High Court an appeal has been filed through the special leave under Art. 136 in the Hon’ble Supreme Court of India.
ISSUES & FACT OF LAW:
Whether Accused Nanhey and Bandu are liable for the offence punishable under Sections 302/34 & 201 of the Indian Penal Code or not? And whether the evidences of eye witnesses is to be considered?
JUDGMENT:
Hon’ble Supreme Court has considered all the evidences of the eye witnesses & the circumstances of the case which are required to be considered and fully satisfied with the prosecution case against the respondent beyond reasonable doubts. And held that the reasoning of the Hon’ble High Court is not reasonable and was wrong from the point of law and justice. Hon’ble Supreme Court allowed the present appeal and set aside the judgment of the Hon’ble High Court and continued the conviction of the accused punishable under section 302/34 of Indian Penal Code and changed the punishment of death penalty to life imprisonment. Also convicted them under section 201 of Indian Code and sentenced each of them for 3 yrs. of rigorous imprisonment. Both punishments will run concurrently.
