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 Allowed |
Headnote | Penal Code, 1860: ss. 34, 149, 302, 304 Part II– Culpable homicide not amounting to murder – Deceased along with other friends were stopped by ten accused persons – Verbal altercation took place – Deceased was beaten by accused no. 1 and 2 and as a result, deceased fell on the ground – Accused no. 3 attacked the others with stick and caused them simple and grievous hurt – Charges framed u/ss. 143, 147, 148, 341, 323, 324, 427 and 302 r/w s.149 – Trial Court acquitted accused nos.4, 5, 7 and 10 – High Court acquitted three other accused namely accused nos.6, 8 and 9 of all the charges – Conviction of appellants u/ss. 143, 147, 148 r/w s. 149 was set aside, however, their conviction and sentence under ss. 341, 323, 324, 427 and 302 r/w s. 34 as awarded by trial court was confirmed by the High Court – Hence instant appeal – Held: The present case falls into the category of a culpable homicide not amounting to murder falling u/s. 304 Part-II for the reasons that there was no pre-meditation of mind to commit murder; all the accused were admittedly not armed when they stopped the vehicle of deceased; it was during the verbal altercation at that stage that the three accused picked up the weapon of assault; the single blow was given to the deceased by accused nos. 1 and 2 and the case set up for exhortation to kill the deceased was not found to be proved – Appellants would be entitled for acquittal u/s. 302 but would be liable to be convicted under s.304 Part-II – Rest of the conviction as upheld by the High Court and the sentence for the charges u/ss. 341, 323, 324 and 427 r/w s. 34 IPC is maintained. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2022 INSC 709 |
Petitioner | Ajmal |
Respondent | The State Of Kerala |
SCR | [2022] 14 S.C.R. 503 |
Judgement Date | 2022-07-12 |
Case Number | 1838 |
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