Supreme Court · 2012 INSC 562 · Decided 4 December 2012
Gudu Ram v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2012 INSC 562 · [2012] 9 S.C.R. 1069
- Case number
- CRIMINAL APPEAL No. 862/2008
- Decided
- 4 December 2012
- Bench
- SWATANTER KUMAR, MADAN B. LOKUR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302
Headnote
A 8 Penal Code, 1860 - s. 304, second part - Assault with 'thapi'- a wooden object shaped like a cricket bat used for beating clothes while washing - Death of one person due to C head injuries and injury to another person (PW1) - Conviction of accused-appellant u/s. 302 /PC - Justification - Held: attacked him with a wooden stick like a 'thapi' and pushed him in the bushes - Presence of appellant (and none other) at the scene of occurrence not D in doubt - Medical evidence showed that injuries on PW1 as also on the deceased could have been caused by a 'thapi' - In the circumstances of
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