Supreme Court · 2013 INSC 519 · Decided 6 August 2013
State of Rajasthan v. Santosh Savita
- Court
- Supreme Court of India
- Citation
- 2013 INSC 519 · [2013] 11 S.C.R. 765
- Case number
- CRIMINAL APPEAL No. 1303/2006
- Decided
- 6 August 2013
- Bench
- A.K. PATNAIK, S. J. MUKHOPADHAYA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302; Evidence Act Section 32, 32(1)
Headnote
A B Penal Code, 1860 - s. 304 (Part II) - Prosecution for murder - Conviction u/s. · 302 by trial court and acquittal C therefrom by the High Court - On appeal, held: In view of the two dying declarations implicating the accused, and the same having been corroborated by the circumstantial and evidence of PWs 2, 3 and 8; the prosecution case is proved - However, in absence D of proof regarding intention of the accused for causing death, the accused can be held guilty of culpable homicide not amounting to murder - His conviction altered to one u/s. 304 (Part II) - His sentence,
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