Supreme Court · 2011 INSC 410 · Decided 24 May 2011
State of Rajasthan v. Islam
- Court
- Supreme Court of India
- Citation
- 2011 INSC 410 · [2011] 6 S.C.R. 988
- Case number
- CRIMINAL APPEAL No. 1318/2005
- Decided
- 24 May 2011
- Bench
- A.K. GANGULY, DEEPAK VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 300; Constitution Article 136
Headnote
Penal Code, 1860 - ss. 302 and 304 (Part-II) - Accused hit the victim on his head with deadly weapon, resulting in his C death - Convicted u/s. 302 and sentenced to life imprisonment by trial court - High Court converted the sentence from s. 302 to s. 304 (Part-II) as accused had already undergone held: Order of conversion of sentence not justified - In the D background of the consistent evidence, it cannot be said that accused had no intention to kill the deceased - There was some pre-meditation on the part of accused when he went to his house after a minor scuffle and came back armed
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