Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860:Ss.302, 304(Part-II) and 323-Accused kicking the victim by knee onhis private part-Death of victim instantaneously-Trial court convictingaccused u!s. 304 (Part-1!)- On appeal by accused, High Court holding theaccused guilty only u!s. 323 /PC and releasing him u!s.3 of Probation ofOffenders Act-Held, accused committed an act with the intention of causingdeath or by causing bodily injury as is likely to cause death-Convictionshould have been u/s. 302-But, State did not appeal against trial court'sjudgement-In any case, High Court should not have interfered with convictionu/s,304(Part-ll)-The offence is not trivial-This is not a fit case where benefitof s. 3 of Probation of Offenders Act could he given-Judgement of High Courtset aside and that of trial court restored-Probation of Offenders Act, 1958-S.3. |
Judge | Hon'ble Mr. Justice S.N. Variava |
Neutral Citation | 2003 INSC 35 |
Petitioner | State Of Karnataka |
Respondent | Mohamed Nazeer @ Babu |
SCR | [2003] 1 S.C.R. 555 |
Judgement Date | 2003-01-24 |
Case Number | 905 |
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