Supreme Court · 2009 INSC 37 · Decided 16 January 2009
Laxminath v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 37 · [2009] 1 S.C.R. 348
- Case number
- CRIMINAL APPEAL No. 75/2009
- Decided
- 16 January 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 324
Headnote
PENAL CODE, 1860: c S.302, 324 - Murder - Conviction - Upheld by High Court - On appeal, Held: Considering the factual scenario and the fact that one arrow was shot the offence is covered by S.304 Part I /PC and not S.302 /PC - Hence conviction D altered from S.302 /PC to S.304 Part I /PC - years would meet the ends of justice. S.304 Part I - Applicability of. S.299, 300 - Points of distinction between the two E offences - Discussed. In this appeal, the question for consideration was whether in view of the peculiar fact that only one arrow "f was shot from a distance, Section
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