Supreme Court · 2010 INSC 874 · Decided 14 December 2010
State of A. P. v. M. Sohan Babu & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 874 · [2010] 14 S.C.R. 1038
- Case number
- CRIMINAL APPEAL No. 363/2005
- Decided
- 14 December 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 460, 324, 302, 34
Headnote
Penal Code, 1860: s. 302134, 460 and 324 - Accused entering the house of victims at midnight - During the scuffle A-2 stabbed one of the victims - A-1 also causing injuries to him - Death of the victim - Witnesses also received injuries at the hands of the 0 accused - Conviction by 460 and 324 - High Court converting the conviction u/s. 302134 into one uls. 304(Part-I) - Held: It cannot be ignored that the two accused, duly armed, had entered the premises at mid night with the intention of committing robbery - They were also E charged with the offence punishable uls 460
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