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. 300, Exception 4 and ss. 302134 and 324 - Sudden fight - Accused inflicting injuries on victims with axe, knife and 'gupti' - Resulting in death of one of the victims - Conviction by trial court u/s 302134 and s.324 - Upheld by High Court HELD: Conviction altered from s.302134 to s. 304(part I) Sentence of 10 years rigorous imprisonment imposed. The appellants (A-1 to A-3) were prosecuted for commission of offence punishable u/s 302134 IPC. The prosecution case was that on a trivial issue, an altercation E took place between PW-3, the husband of PW-1, and A2. A-1 and A-3 also joined A-2. 'K' the father-in-law of PW1 tried to intervene and pacify all of them. A-1 to A-3 went inside their house, which was close by, and returned with axe, knife and 'gupti'. All the three inflicted injuries on the F head and abdomen of 'K'. A-1 and A-2 also inflicted injuries on PW-3. 'K' was taken to the hospital where he was declared dead. The trial court convicted all the .. accused and sentenced them to imprisonment for life ul s 302134 IPC. A-1 was also convicted and sentenced uls G 324 IPC. The accused having remained unsuccessful before the High Court, filed the instant appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 126 |
Petitioner | Ravindra Shalik Naik And Ors. |
Respondent | St Ate Of Maharashtra |
SCR | [2009] 1 S.C.R. 1080 |
Judgement Date | 2009-02-09 |
Case Number | 245 |
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