Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Crode of Criminal Procedure Murder 1973 Culpable Homicide |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 302 – Prosecution under – Initially acquittal by trial court – On appeal, case remanded to trial court – On remand conviction by Trial Court – Conviction affirmed by High Court – Appeal to Supreme Court – Plea of accused confined to alteration of conviction under Section 302 to one under Section 304 (Part II) giving benefit of exception 4 to s. 300 – Held: The present case is an unambiguous case of homicide and not a case of suicide as projected by the accused – In the facts of the case, none of the exceptions in Section 300 IPC are attracted – Section 86 IPC also not applicable in the facts of the case – Conviction under Section 302 is confirmed. ss. 299 and 300 – ‘Culpable Homicide’ and ‘Murder’ – Discussed. s. 304 (Part I) and (Part II) – Applicability of – Discussed. s. 86 – When applicable – Discussed. Code of Crode of Criminal Procedure, 1973: s. 313 – Statement under – Evidentiary value of – Held: Such statement even if contains inculpatory admissions cannot be ignored – The Court may enter verdict of guilt where there is evidence.Evidence: Burden to prove – Held: The burden to prove the case is on the prosecution, unless the law declares otherwise – The burden to prove that the case falls under any of the exceptions in s. 300 IPC is on the accused – Accused can discharge the said burden by virtue of prosecution evidence, even without adducing any defence evidence. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2020 INSC 69 |
Petitioner | Paul |
Respondent | State Of Kerala |
SCR | [2020] 1 S.C.R. 1091 |
Judgement Date | 2020-01-21 |
Case Number | 38 |
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