Supreme Court · 2009 INSC 857 · Decided 6 July 2009
Indrasan v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 857 · [2009] 9 S.C.R. 1127
- Case number
- CRIMINAL APPEAL No. 996/2004
- Decided
- 6 July 2009
- Bench
- MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302
Headnote
Penal Code, 1860 - s. 304 (Part I) - Murder - By single lathi blow - Prosecution relying on version of eye-witnesses c and motive for assault - FIR lodged within reasonable time - Conviction by courts below u/s. 302 - On appeal, held: Intention of accused to cause death proved - However, it is a - ... Conviction altered to one u/s. 304(Part I) - Sentence of life D imprisonment altered to custody of 1 O years. Appellant-accused was prosecuted for having caused death of one person by giving a lathi blow on his head. As per prosecution, PWs. 1, 2 and 3 were the eye- E witnesses to the
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