Supreme Court · 2006 INSC 368 · Decided 5 June 2006
Rajinder v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2006 INSC 368 · [2006] SUPP. 3 S.C.R. 5
- Case number
- CRIMINAL APPEAL No. 689/2006
- Decided
- 5 June 2006
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 300; Arms Act Section 27
Headnote
B Penal Code, 1860: Sections 304-11 and 302-Culpable homicide-Accused caused death of PW8 's nephew by using fire-arm-Deceased suffered thigh injury which the C Doctor opined was dangerous to life-Deceased succumbed to the injury subsequently-Held: Courts below erred in convicting accused under case-Arms Act, 1959-Section 27. Sections 299 & 300- 'Murder' and 'Culpable homicide not amounting to murder-Distinction between-Corresponding clauses of ss.299 and 300 discussed. According to the prosecution, Appellant killed the nephew of PW8 D by firing gunshot as he suspected that the
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