Supreme Court · 2015 INSC 148 · Decided 26 February 2015

Dhirendra Kumar @ Dhiroo v. State of Utiarakhand

Court
Supreme Court of India
Citation
2015 INSC 148 · [2015] 2 S.C.R. 903
Case number
CRIMINAL APPEAL No. 1848/2008
Decided
26 February 2015
Bench
DIPAK MISRA, ADARSH KUMAR GOEL (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302; Constitution Article 136

Headnote

A B Penal Code, 1860: s.302 - Murder by hitting with stone C on head - Conviction uls.302 by courts below - Held: Evidence of witnesses with regard to earlier incident of altercation between deceased and the accused-appellant furnishing motive to the accused - There was previous 0 enmity - the prosecution case and found reliable - It was not case of sudden fight or sudden provocation or in the heat of passion- There was enough evidence to prove that appellant was responsible for causing death of the E deceased - The injuries on the accused did not establish free fight - Nature

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