15 IV AD (S.C.) 1 , 2015 (147 )AIC146 (S.C. ), 2015 (1 ) ALD(Crl.) 663 (SC ), 2015 (2 ) ALJ 578 , 2015 (88 ) ACC 978 , 2015 ALLMR(Cri)837 , 2015 (2 )ALT(Cri)SC6 , I (2015 )CCR378 (SC ), 2015 CriLJ1690 , 2015 (1 )Crimes105 (SC ), 2015 (2 )ECrN (NULL ) 454 , 2015 INSC 52 , 2015 (2 )J.L.J.R.145 , 2015 (2 )JCC884 (SC ), 2015 (1 )N.C.C.293 , 2015 (2 )PLJR234 , 2015 (1 )RCR(Criminal)678 , 2015 (1 )SCALE498 , (2015 )7 SCC178 , 2015 (2 ) SCJ 328 , [2015 ]1 SCR721 , 2015 (1 )UC371 , 2015 (2 ) WLN 45 (SC ), ,MANU/SC/0057/2015
Anil R. Dave#Kurian Joseph#R. Banumathi#3261SC4760Judgment/OrderACR#AD#AIC#ALD(Cri)#ALJ#Allahabad Criminal Cases#ALLMR (Criminal)#ALT (Criminal)#CCR#CriLJ#Crimes#ECrN#INSC#JLJR#JCC#MANU#NCC#PLJR#RCR (Criminal)#SCALE#SCC#SCJ#SCR#UC#WLNR. Banumathi,SUPREME COURT OF INDIA2015-1-22Motive,Punishment for murder,Offences Affecting the Human Body,Benefit of doubt,Punishment for murder,Offences Affecting the Human Body,Proof by circumstantial evidence,Punishment for murder,Offences Affecting the Human Body,Death caused without 'requisite intention' or 'knowledge' not culpable homicide,Culpable homicide,Offences Affecting the Human Body,Indian Penal Code16125,15817,16759,16587,15706,15724,15723,15653,15717,25843,16668,17060 -->
MANU/SC/0057/2015
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 142 of 2015 (Arising out of SLP (Crl.) No. 1156/2013)
Decided On: 20.01.2015
Appellants: Tomaso Bruno Vs. Respondent: State of U.P.
Hon'ble Judges/Coram:
Anil R. Dave, Kurian Joseph and R. Banumathi JUDGMENT
R. Banumathi, J.
1. Leave granted.
2. This appeal is directed against the judgment dated 4.10.2012 passed by Allahabad High Court in Criminal Appeal No. 5043 of 2011 in which the High Court confirmed the conviction of the Appellants Under Section 302 read with Section 34 Indian Penal Code and the sentence of life imprisonment and fine of Rs. 25,000/- imposed on each of them.
3. Briefly stated, case of the prosecution is that three Italian nationals namely Tomaso Bruno (Accused No. 1), Elisa Betta Bon Compagni (Accused No. 2) and Francesco Montis (Deceased) came as tourists to India from London and reached Mumbai on 28.12.2009. After visiting several places of interest together, these persons arrived at Varanasi on 31.1.2010 and they checked in at Hotel Buddha, Ram Katora, Varanasi. The hotel management, after checking all the relevant identity proofs, allotted Room No. 459 in the hotel to them at about 5.00 p.m. For two days the accused and deceased went around the city. On 3.2.2010, the deceased complained of a mild headache on account of which, they went out late and returned early and thereafter, stayed in the room for the entire evening as they had planned to see the 'Subahe Banaras' the next morning. On 4.2.2010 at about 8.00 a.m. A-2 informed Ram Singh (PW-1), the Manager of hotel Buddha, Varanasi, that the condition of the deceased was not fine, after which the accused, PW-1 and Ors. took the deceased to S.S.P.G. Hospital, Varanasi for treatment, where the doctors declared the ailing tourist as 'brought dead'.
4. Ram Singh (PW-1) filed a complaint regarding death of deceased Francesco Montis in the police station. Additionally, Awadhesh Kumar Choubey, Home Guard also submitted a memo informing death of Francesco Montis which was transmitted to P.S. Chetganj, Varanasi. An