Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | culpable homicide injuries |
Content Type | Text |
Resource Type | Law Judgement |
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: .304 (part 11)134 - Accused causing injuries to victim - Death of victim the following day - Conviction u/s 302/34 and sentence of life imprisonment, affirmed by High Court - Held: The instant case falls u/s 304 (part II) - Although appellants had no intention to cause death but it can safely be inferred that they knew that such bodily injury was likely to cause death - Therefore, appellants are guilty of culpable homicide not amounting to murder - Accordingly judgments of courts below are modified and conviction u/s 302 is converted to 304(part- I/) - Appellants are sentenced to ten years' imprisonment. WORDS AND PHRASES: Expression, 'maro maro' - Connotation of.The appellants along with their father were prosecuted for causing death of the brother of PW1. The prosecution case was that two days prior to the incident a quarrel took place between the deceased and the father of the appellants. On the date of incident at about 7 p.m. the appellants and their father assaulted the deceased with sticks and 'gandasi'. He succumbed to his injuries the following day in the hospital. The trial court convicted both the appellants u/s 302/34 IPC and sentenced them to imprisonment for life. Their father was acquitted giving him benefit of doubt. The High Court affirmed the conviction and the sentence. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 285 |
Petitioner | Litta Singh & Anr. |
Respondent | State Of Rajasthan |
SCR | [2013] 2 S.C.R. 1118 |
Judgement Date | 2013-04-26 |
Case Number | 805 |
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