Supreme Court · 2009 INSC 50 · Decided 21 January 2009
Shiva Karam Payaswami Tewari v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2009 INSC 50 · [2009] 1 S.C.R. 442
- Case number
- CRIMINAL APPEAL No. 117/2009
- Decided
- 21 January 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 321, 201; Evidence Act
Headnote
442 A SHIVA KARAM PAYASWAMI TEWARI v. STATE OF MAHARASHTRA (Criminal Appeal No. 117 of 2009) B JANUARY 21, 2009 [D~. ARIJIT PASAYAT AND ASOK KUMAR GANGULY] Penal Code, 1860: s.302,.... Sudden quarrel between accused and deceased - Accused hit the deceased with a c wooden log kept nearby- was made in the course of sudden quarrel without pre-meditation - Accused D was not armed at the relevant point of time - Conviction altered to s.304 Part II- Custodial sentence of 8 years would meet the ends of justice. Evidence: Extra-judicial confession - Evidentiary value E of - Held: Extra
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