Supreme Court · 2009 INSC 113 · Decided 6 February 2009

Shaikh Karimullah @ Babu and ORS. v. State of A.P.

Court
Supreme Court of India
Citation
2009 INSC 113 · [2009] 1 S.C.R. 953
Case number
CRIMINAL APPEAL No. 223/2009
Decided
6 February 2009
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 325, 34, 324

Headnote

Penal Code, 1860 - ss. 302 and 325 - Conviction u/s. B 325 instead of s. 302 - Accused along with other co-accused C attacked deceased resulting in his death - Minor dispute bHtween parties - One witness deposing that accused assaulted with stick and other witnesses deposing that accused had No charge framed u/s. 34 against accused - Com·iction uls. 302 by courts below - D Justification of - Held: Not justified - Conviction altered to s. 325 with custodial sentence of three years. The question which arose for consideration in this appeal was whether the courts below were

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