Supreme Court · 2010 INSC 732 · Decided 25 October 2010
Central Bureau of Investigation v. Kishore Singh & Others
- Court
- Supreme Court of India
- Citation
- 2010 INSC 732 · [2010] 14 S.C.R. 95
- Case number
- CRIMINAL APPEAL No. 2047/2010
- Decided
- 25 October 2010
- Bench
- MARKANDEY KATJU, T.S. THAKUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 326, 308, 323, 343, 1208, 307, 335; CrPC Section 57; Constitution Article 57, 22(2)
Headnote
A B Penal Code, 1860 - ss. 326, 308, 323, 343 and 1208 - Grievous injury caused to person in police custody by police officials - Allegation that the victim was kept in police lock- C up for 4 days and was subjected to third degree methods - Accused-constable causing the injury while the victim - Conviction by trial court - High Court acquitting the accused AS/ and SHO and reducing the sentence of accused-constable - On appeal, plea that the D injury was caused on sudden provocation, thus attracting s. 335 /PC and not s. 326 - Held: On facts, no sudden provocation and hence
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