Supreme Court · 2010 INSC 235 · Decided 22 April 2010

Shaukat v. State of Uttaranchal

Court
Supreme Court of India
Citation
2010 INSC 235 · [2010] 4 S.C.R. 873
Case number
CRIMINAL APPEAL No. 757/2005
Decided
22 April 2010
Bench
J.M. PANCHAL, DEEPAK VERMA (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 302, 307, 34, 300

Headnote

Penal Code, 1860: A B s. 300 'Thirdly', Exception 4, and ss. 302, 307, 304(part c 1) and 308 - Dispute regarding digging of earth from village pond by the victim - Scuffle between father of accused and the victim - On exhortation by the father, accused giving two knife blows to the victim victim sustained grievous injuries at the 0 hands of accused - Conviction by trial court u/ss 302 and 307 /PC - High Court holding Exception 4 to s. 300 applicable and substituting conviction of accused to one u/ss 304(part-I) and 308 - HELD: The record established motive for the crime - There

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