Supreme Court · 2009 INSC 311 · Decided 4 March 2009
Sripathi & ORS. v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2009 INSC 311 · [2009] 5 S.C.R. 309
- Case number
- CRIMINAL APPEAL No. 418/2002
- Decided
- 4 March 2009
- Bench
- ARIJIT PASAYAT, H.S. BEDI, A.K. GANGULY (3-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 34, 302; CrPC
Headnote
Penal Code, 1860 - s. 304 (Part II) r/w s. 34 - Deceased c succumbed to stab injuries inflicted by accused on account of quarrel - Co-accused had caught hold of deceased - Conviction by High Court uls.304 (Part II) rlw s.34 - Justification of- Held: Evidence of eye witnesses cogent and evidence not at variance with medical evidence - Conviction of main accused does not call for D interference - However, evidence not specific as regard role played by other accused - Conviction of other accused by application of s. 34 not correct. The question which arose for consideration in
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