Supreme Court · 2011 INSC 16 · Decided 6 January 2011
Laxmichand @ Balbutya v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2011 INSC 16 · [2011] 1 S.C.R. 124
- Case number
- CRIMINAL APPEAL No. 1643/2005
- Decided
- 6 January 2011
- Bench
- H.S. BEDI, P. SATHASIVAM, C.K. PRASAD (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302
Headnote
Penal Code, 1860 - s.304 Part II and s.302 - Quarrel ~ c between parties - Victim, under the influence of liquor, refused to leave the house of the accused - Accused dragged the victim out of his house and also inflicted blow on his head with a spade, resulting in his death seven u/s.302 by High Court setting aside the order of acquittal by D trial court - On appeal, held: Accused had no intention to kill the victim - However, blow was given on a vital part-Accused convicted u/s. 304 Part II with five years of rigorous )__~ imprisonment - Evidence - Extra-judicial
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