Supreme Court · 2009 INSC 1074 · Decided 25 August 2009
Gurmukh Singh v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1074 · [2009] 13 S.C.R. 548
- Case number
- CRIMINAL APPEAL No. 1609/2009
- Decided
- 25 August 2009
- Bench
- DALVEER BHANDARI, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304
Headnote
,.. Penal Code, 1860 - ss. 302 and 304 (Part-II) - Murder c or culpable homicide not amounting to murder - Punishment for - Accused inflicting single fatal blow on the head of deceased - Conviction and sentence u/s. 302 by courts below - Justification of - Held: Occurrence took place at the spur co-accused did not indulge in any D overt act - No intention or pre-meditation in mind of accused to inflict such injuries to deceased as were likely to cause -t death in ordinary course of nature - Thus, conviction and sentence of accused converted from s. 302 to s. 304 (Part II) and imposed
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