Supreme Court · 2009 INSC 433 · Decided 31 March 2009
Balkar Singh v. State of Utiarakhand
- Court
- Supreme Court of India
- Citation
- 2009 INSC 433 · [2009] 5 S.C.R. 242
- Case number
- CRIMINAL APPEAL No. 206/2007
- Decided
- 31 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 307, 300, 299
Headnote
Penal Code, 1860: s. 304 (Part I) - Conviction u/ss. 302 and 307 - By Courts below - Relying on evidence of injured witness and eye­ witnesses - On appeal, held: In view of the circumstances in which offence was committed, case not covered u/s. 302 - 0 Conviction altered to one uls. 304 (Part - Distinction between - Discussed. Appellant-accused was prosecuted for having E caused death of two persons and for attempt of murder one person . Trial court convicted him ulss. 302 and 307 IPC, placing reliance on evidence of one injured eye­ witness and two other eye-witnesses. The
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