Supreme Court · 2009 INSC 863 · Decided 6 July 2009
Jagriti Devi v. State of H.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 863 · [2009] 10 S.C.R. 167
- Case number
- CRIMINAL APPEAL No. 823/2003
- 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 302, 299, 300, 304; CrPC Section 313
Headnote
PENAL CODE, 1860: c s. 304 (part II) - During the course of altercation accused snatching 'khukri' from her co-wife and assaulting her with it - Death of victim - Conviction and sentence by trial court u/s 302 - Affirmed by High Court - Held: It is quite clear from , the record that preceding the with the intention of assaulting the accused and the latter in order to save herself grappled with the deceased and in the process she also received injuries - Clearly, there was no intention on the part of the accused to kill the deceased - Therefore, it is not a case u/s 302 but it falls
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