Supreme Court · 2004 INSC 563 · Decided 29 September 2004

Shivappa Budappa Kolkar @ Buddappagol v. State of Karnataka and ORS.

Court
Supreme Court of India
Citation
2004 INSC 563 · [2004] SUPP. 4 S.C.R. 880
Case number
CRIMINAL APPEAL No. 672/2002
Decided
29 September 2004
Bench
P. VENKATARAMA REDDI, P.P. NAOLEKAR (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 300, 34

Headnote

Penal Code,&middot; 1860: Sections 300, 302 and 304 Part II-Murder-Injuries inflicted likely to cause death-But no intention to cause death-The decease<;/ objected to the bullock cart of the accused from proceeding further-Thereupon, accused inflicted injury with an axe on the occipital region of the skull bone-Trial court acquitted the accused- &bull; But the High Court convicted the accused under S-302-Correctness oj&shy; Held: There was no premeditated or prearranged plan to attack the I deceased-No motive was established by the prosecution-Only one Injury was inflicted by the

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