Supreme Court · 2006 INSC 956 · Decided 5 December 2006
Salim Sahab v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2006 INSC 956 · [2006] SUPP. 10 S.C.R. 51
- Case number
- CRIMINAL APPEAL No. 1269/2006
- Decided
- 5 December 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 324, 300, 11; Evidence Act
Headnote
B Penal Code, 1860; Ss. 302 and 324: Murder-Accused assaulted a relative with sharp edged scissors­ Victim succumbed to the injuries-Trial Court found accused guilty of offences C under Section 324 !PC and sentenced him accordingly-On appeal, High Court held him guilty of commission of offence to affect credibility of witness-Though accused attacked deceased with a sharp edged weapon but it was not a very big size weapon-Hence, in the facts and D circumstances of the case, Section 304 Part II and not Section 302 !PC would be applicable-conviction altered accordingly. Exception 1 and 4
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