Supreme Court · 1997 INSC 412 · Decided 11 April 1997
State of U.P. v. Lakhan and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 412 · [1997] 3 S.C.R. 865
- Case number
- CRIMINAL APPEAL No. 461/1997
- Decided
- 11 April 1997
- Bench
- K. RAMASWAMY, D.P. WADHWA (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
B Penal Code, 1860 : S. 302 r/w. S.34/S. 304 Part ll-Murde1~Accused convicted and sen­ tenced to /if e impliso111ne11t-High Court holding that the accused had 110 common intention to kill the deceased-Converting the offence from murder C to culpable homicide not amounting to 1111trder--On the deceased and caused injulies 011 the head and vital parts of the body-The mere fact that extensive damage has not been caused to the deceased does 1101 establish that the off e11ce is not 011e pu11ishable D under S. 302-High Court committed ma11if est en'Or i11 co11verti11g the offence from
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