Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.302,.... Sudden quarrel between accused and deceased - Accused hit the deceased with a wooden log kept nearby- Deceased died of injuries sustained during assault - Conviction u/s. 302, upheld by High Court - Held: The background in which assault was made clearly show that s.302 was not applicable - Assault was made in the course of sudden quarrel without pre-meditation - Accused was not armed at the relevant point of time - Conviction altered to s.304 Part II- Custodial sentence of 8 years would meet the ends of justice. Evidence: Extra-judicial confession - Evidentiary value of - Held: Extra judicial confession form basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused - . Where there is material to show animosity, Court has to proceed cautiously- On facts, extra-judicial confession made not to a stranger but to a friend - Courts below rightly believed it. Words and phrases: 'confession', 'statement' - Meaning of.Prosecution case was that the appellant-accused ).G made an extra judicial confession that there was sudden quarrel between him and the deceased and that he hit the deceased with a wooden log kept nearby used for cutting vegetables. The deceased died of the injuries sustained •during the assault. The trial court convicted accused u/ss. 302, 321 and 201 IPC, which was upheld by High A Court. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 50 |
Petitioner | Shiva Karam Payaswami Tewari |
Respondent | State Of Maharashtra |
SCR | [2009] 1 S.C.R. 442 |
Judgement Date | 2009-01-21 |
Case Number | 117 |
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