Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code acquittal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Criminal Procedure Code, 1973 - Sections 378 and 386 - Murder trial - Acquittal by the Trial Court - Appeal against such acquittal - Scope of jurisdiction of the High Court - Consistent evidence of three eye witnesses that the appellant-Accused gave a knife blow on vital part of the deceased when he come out of the house on the cries of his son - the eye-witness account was fully corroborated by medical evidence - Held, High Court was fully justified in re-appreciating the entire evidence on record and to record its own conclusions as to whether conviction was sustainable - Criminal trial - Penal Code, 1860, Sections 300, 302. Penal Code, 1860 : Sections 302 and 304 Part II - Absence of intention to cause death and knowledge that the death would be the inevitable result - Effect on conviction under Section 302 - Accused giving blows by stick on deceased's son and on hearing the cries, the sister and deceased came out of the house - On being asked as to why the accused was beating his son, the deceased was given a blow on his abdomen by a knife by the accused - However the blow was only on account of the altercation and not with any animosity with accused - Under such circumstances, it cannot be held that the accused gave the blow with the intention of causing murder or with the knowledge that the Deceased's death would be the inevitable result - Hence, the case was one which fell under Section 304 Part II and not under Section 302. Section 304 Part II - Sentence under - Case being heard in this Court after 13 years - Accused was on bail by the Order of this Court - Accused undergoing about 4 years in jail - ln such circumstances, the sentences was limited to the period undergone in jail - Criminal Trial - Sentence. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 117 |
Petitioner | K. Ramakrishnan Unnithan |
Respondent | State Of Kerala |
SCR | [1999] 1 S.C.R. 1222 |
Judgement Date | 1999-03-18 |
Case Number | 64 |
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