Supreme Court · 2007 INSC 147 · Decided 15 February 2007

Abbas Ali v. State of Rajasthan

Court
Supreme Court of India
Citation
2007 INSC 147 · [2007] 2 S.C.R. 714
Case number
CRIMINAL APPEAL No. 214/2007
Decided
15 February 2007
Bench
ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 299

Headnote

Penal Code, 1860: -1 ss.299, 300, 302 and 304-1-Accused stabbed the deceased when he c was sleeping, resulting in his death-Conviction of accused under s.302- On facts and in the light of principles laid down in ss.299 and 300, conviction altered to s.304-l The prosecution case was that the body made by accused. Trial Court framed the charges against accused for offence punishable under s.302 IPC. Evidence of PW-9 was to the effect that in the night she and the deceased were sleeping under a neem tree by the side of ', the railway track. Suddenly the accused came there, stabbed the

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