Supreme Court · 2008 INSC 1128 · Decided 3 October 2008
Rajesh Kumar v. State of H.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1128 · [2008] 14 S.C.R. 234
- Case number
- CRIMINAL APPEAL No. 639/2001
- Decided
- 3 October 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
)--- Penal Code, 1860 - s. 302 rlw s. 34 and s. 326: r- c Common intention - One accused assaulted deceased ..__ on head with 'darat' (a sharp edged tool) which caused incised injury - Appellant, the other accused, assaulted deceased on non-vital parts of body with 'danda' (thick stick) - Incised Conviction of Appellant by Courts be- D low uls. 302 rlw s. 34 with life imprisonment- Propriety of.:... Held: Not proper - Only the injuries on non-vital parts attributed to ~· Appellant - Besides, after a PW snatched away the 'danda' from Appellant and threw it, Appellant did not pick it
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