Supreme Court · 2008 INSC 1389 · Decided 3 December 2008
Prabhu v. State of Madhya Pradesh .
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1389 · [2008] 16 S.C.R. 1095
- Case number
- CRIMINAL APPEAL No. 1956/2008
- Decided
- 3 December 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 320
Headnote
Penal Code, 1860: c s.326 r.w. s.34-Accused assaulted the victim with sharp weapons and appellant administered lathi blows on him - As a result victim died - Conviction under s.302 r. w. s.34 by trial Court - High Court altered conviction of appellant to s.326 r. w. s. 34 and sentenced him imprisonment D for 10 years·- Correctness of - Held: Correct - However in peculiar facts of the case, sentence of 5 years rigorous ~- imprisonment would meet ends of justice - Sentence. I. I ss.325, 326 - Applicability of- Held: Size and sharpness of 'weapon decide whether it was
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