Supreme Court · 2009 INSC 635 · Decided 28 April 2009
Batakrushna Parida v. State of Orissa
- Court
- Supreme Court of India
- Citation
- 2009 INSC 635 · [2009] 9 S.C.R. 923
- Case number
- CRIMINAL APPEAL No. 6/2003
- Decided
- 28 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302; CrPC Section 107
Headnote
Penal Code, 1860 - s. 304 (Part II) - Occurrence as a result of rivalry between villages - Resulting in causing death c and injuries - Charge u/s. 302, 307, 148 and 3021149 /PC -- Trial Court convicting one accused u/s. 304 (Part II) and,. acquitting other accused of all the charges - High Court Order of conviction was altered to one u/s. 302 - On appeal by the accused, held: High Court D despite holding that the accused fired the shot on the spur of the moment and there was free fight amongst the villagers, ought not have convicted him uls. 302 - He is liable to be · convicted
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