Supreme Court · 2009 INSC 1036 · Decided 7 August 2009

Mani Ben v. State of Gujarat

Court
Supreme Court of India
Citation
2009 INSC 1036 · [2009] 12 S.C.R. 753
Case number
CRIMINAL APPEAL No. 658/2002
Decided
7 August 2009
Bench
DALVEER BHANDARI, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 304, 302, 300

Headnote

753 MANI BEN A f l v. STATE OF GUJARAT (Criminal Appeal No. 658 of 2002) AUGUST 7, 2009 8 [DALVEER BHANDARI AND DR. MUKUNDAKAM SHARMA, JJ.) . ~\: Penal Code, 1860: s. 304 (Part II) - Accused threw burning wick made of rags on the deceased - Since c deceased was wearing terylene clothes, it under s.304 Part II - High Court altered conviction to s.302 - D .Y On appeal, Held: From evidence on record it cannot be said that accused had intention that action on her part would cause death or such bodily injury to deceased sufficient in ordinary course of nature to cause death of deceased

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