Supreme Court · 2007 INSC 145 · Decided 15 February 2007

Imtiaz and ANR. v. State of Uttar Pradesh

Court
Supreme Court of India
Citation
2007 INSC 145 · [2007] 2 S.C.R. 698
Case number
CRIMINAL APPEAL No. 211/2007
Decided
15 February 2007
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 148, 30Z, 149, 324, 300, 34

Headnote

Penal Code, 1860-Sections 302. 324, 148 and 149-Dispute between parties-:Murder of one and grievous injwy to other-Conviction under- '( ~ ' c Justification of-Applicability of s. 34-Held: Act of accused pre-meditated and no( sudden-Accused failed to discharge the burden that incident was sudden accused came armed with weapons and surrounded the deceased and the injured person-They did not inflict injwy to the deceased but in fact attacked the injured-Thus, s. 34 applicable. D According to the prosecution case, there was dispute between complainant, his brothers and the

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