Supreme Court · 2009 INSC 1217 · Decided 6 November 2009
Naimuddin v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1217 · [2009] 15 S.C.R. 609
- Case number
- CRIMINAL APPEAL No. 816/2002
- Decided
- 6 November 2009
- Bench
- DALVEER BHANDARI, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 302, 34, 148, 323, 149
Headnote
~ Jr Penal Code, 1860 - s.302134 ands. 304 (Part 11)134 - Death of victim on brick assault by accused - Conviction u/ c s. 302134 and sentence of life imprisonment by courts below - Justification of - Held: Bricks were thrown on vital parts of the body of victim aged 78 years - Knowledge to commit - Victim died instantaneously after receiving brick injuries - On facts, conviction altered to D s. 304 (Part-11)1149 with five years imprisonment . .., According to the prosecution case, accused persons assaulted the victim by bricks which resulted in the instantaneous death of the victim.
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