Supreme Court · 2003 INSC 35 · Decided 24 January 2003
State of Karnataka v. Mohamed Nazeer @ Babu
- Court
- Supreme Court of India
- Citation
- 2003 INSC 35 · [2003] 1 S.C.R. 555
- Case number
- CRIMINAL APPEAL No. 905/1995
- Decided
- 24 January 2003
- Bench
- S.N. VARIAVA, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 323
Headnote
B Penal Code, 1860: Ss.302, 304(Part-II) and 323-Accused kicking the victim by knee on his private part-Death of victim instantaneously-Trial court convicting C accused u!s. 304 (Part-1!)-0n appeal by accused, High Court holding the accused guilty only u!s. 323 /PC and releasing him u!s.3 of by causing bodily injury as is likely to cause death-Conviction should have been uls. 302-But, State did not appeal against trial court's D judgment-In any case, High Court should not have interfered with convictwn uls,304(Part-ll)-The offence is not trivial-This is not a fit case where ben4it
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