Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 _ - s. 304 (I) read with s. · 34 - De'ath due to gunshots - Three accused Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860- s. 304 (I) read with s. · 34 - Death due to gunshots - Three accused - Conviction -u/s. 302 and sentence of life imprisonment by the trial court- However, the High Court modified the conviction to one u/s. 304 (I) · read with s. 34 on the ground that the matter related to a sudden quarrel without pre-meditation - On appeal held: As_ regards two of the accused no overt act has been attributed to them - They did not cause any injury to the deceased or to anybody else and the only allegation against _them is that they had exhorted their co-accused to shoot at the deceased - Thus, their conviction is set aside - Conviction of the third accused u/s 304(Part-1) does not calf for interference - However, he was of tender age on the date of the incident and at present he is 60 years of age - In the interest of justice, his sentence is, reduced from 10 to 5 years - Sentence/Sentencing. |
Judge | N/A |
Neutral Citation | 2011 INSC 333 |
Petitioner | Zahoor & Ors. |
Respondent | State Of U.p. |
SCR | [2011] 5 S.C.R. 881 |
Judgement Date | 2011-04-26 |
Case Number | 1331 |
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