Supreme Court · 2008 INSC 39 · Decided 11 January 2008
Marimuthu & ORS. v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2008 INSC 39 · [2008] 1 S.C.R. 547
- Case number
- CRIMINAL APPEAL No. 74/2008
- Decided
- 11 January 2008
- Bench
- C.K. THAKKER, ALTAMAS KABIR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 326
Headnote
+ Penal Code, 1860 - ss. 304 (Part I) and 326 - Murder and grievous injuries caused - Prosecution of seven accused - Complainant party and accused party on inimical terms - c Trial court convicting all the accused .u/s 302 - High Court acquitting three accused extending benefit of doubt and convicted uls 326 in addition - On appeal, held: order of High Court justified - In the facts of the case benefit of doubt given D to the acquitted accused is not extendable to the convicted ~ accused - However, conviction uls 302 is converted to one u/ • j • s 304 (Part I) - Conviction
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