Supreme Court · 2004 INSC 48 · Decided 21 January 2004
Chacko @ Aniyan Kunju and ORS. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2004 INSC 48 · [2004] 1 S.C.R. 900
- Case number
- CRIMINAL APPEAL No. 87/2004
- Decided
- 21 January 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 299, 300, 302, 34, 304; Evidence Act Section 134
Headnote
Penal Code-Sections 299 and 300-Distinction between-Accused using 'i handles of axe and spade for assault of the deceased-Mos/ injuries on non- C viral parts-Held, the accused can be convicted under Section 304 Part I and not 11nder Section 302. Indian Evidence Act, 1872-Section 134-Solitary be tr111hf11!­ Held, corroboration not required-Conviction can be maintained on the basis D of evidence of the solitGIJ' witness-Penal Code-Section 302. Penal Code-Section I 00-Right of private defence to the extent of causing death-Exercise of-Evidence by the accused-Acc11sed has to
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