Supreme Court · 2007 INSC 83 · Decided 31 January 2007
Sellappan v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2007 INSC 83 · [2007] 2 S.C.R. 46
- Case number
- CRIMINAL APPEAL No. 123/2007
- Decided
- 31 January 2007
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 299
Headnote
Penal Code, 1860: Section 302-'Murder' and 'culpable homicide not amounting to C murder'-Distinction between-The deceased married the daughter of the accused without his knowledge on account of which he was angry towards the deceased-When the deceased was on his way to bring agricultural later in the hospital-Trial court convicted D the accused under S. 302-High Court affirmed the decision-Correctness of-Held: It is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree-Even if the intention of the accused
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