Supreme Court · 2008 INSC 839 · Decided 17 July 2008

Kandaswamy v. State of Tamil Nadu

Court
Supreme Court of India
Citation
2008 INSC 839 · [2008] 10 S.C.R. 1103
Case number
CRIMINAL APPEAL No. 1111/2008
Decided
17 July 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 299, 300, 302, 304

Headnote

, Penal Code, 1860: s. 299, 300, 302 and 304 (Part I) - Cul- pable Homicide - Conviction under s. 302 - Challenge against - Held: In the light of factual scenario and principles laid down c in ss.299 and 300, conviction altered to s.304(Part /). The prosecution case was that appellant-accused in- which resulted in his death. The trial Court convicted appellant under s.302 IPC and sentenced him to undergo life·imprisonment. The only D stand before the High Court was that the scenario as pro- jected by the prosecution ruled out the application of s.302 IPC. High Court did not find

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