Supreme Court · 2012 INSC 223 · Decided 10 May 2012

Abdul Nawaz v. State of West Bengal

Court
Supreme Court of India
Citation
2012 INSC 223 · [2012] 4 S.C.R. 560
Case number
CRIMINAL APPEAL No. 801/2012
Decided
10 May 2012
Bench
T.S. THAKUR, GYAN SUDHA MISRA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 3021392, 411, 201, 1208, 341, 109, 302, 300

Headnote

PENAL CODE, 1860: c s. 300, Exception 4 and s. 304(Part-I) - Scuffle between accused and Head Constable of police in order to release the dinghy from the police -· Accused causing head injury to Head Constable and pushing him into the sea - Dead body of victim recovered from the sea - Held: head injury may not have been with the intention to kill, but it would certainly show the "intention of causing a bodily injury as was likely to cause death''. within the meaning of s. 300 and secondly s. 304(Part­ I) - The act of the accused is more appropriately punishable E uls 304

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