Supreme Court · 2013 INSC 175 · Decided 19 March 2013
Babu and ANR. v. State REP. BY Inspector of Police, Chennai
- Court
- Supreme Court of India
- Citation
- 2013 INSC 175 · [2013] 2 S.C.R. 438
- Case number
- CRIMINAL APPEAL No. 353/2008
- Decided
- 19 March 2013
- Bench
- A.K. PATNAIK, H.L. GOKHALE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 148, 341, 324, 302, 149, 300, 304
Headnote
PENAL CODE, 1860: c s.302134 and s.300, Exception 4 - Conviction by trial court of 5 accused uls 3021149 /PC - Acquittal of one accused by High Court - Held: The evidence of eye-witness makes it clear that the deceased was attacked by the four appellants in furtherance of their common intention all D were liable uls 302134 for causing this death - Further, deceased was unarmed and the accused-appellants were armed with knives and attacked him even after he fell down - They took undue advantage and acted in cruel and unusual manner towards the deceased - Besides, keeping in view the E
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