Supreme Court · 2025 INSC 378 · Decided 21 March 2025

Sudam Prabhakar Achat v. The State of Maharashtra

Court
Supreme Court of India
Citation
2025 INSC 378 · [2025] 3 S.C.R. 897
Case number
CRIMINAL APPEAL No. 641/2024
Decided
21 March 2025
Bench
BHUSHAN RAMKRISHNA GAVAI, AUGUSTINE GEORGE MASIH (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 304, 300, 34; CrPC

Headnote

Issue arose as to whether the conviction u/s.302 IPC could be converted into s.304 Part I or Part II IPC. Penal Code, 1860 - ss.304 Part I, 300 exception IV, 302 - Culpable homicide not amounting to murder - Alteration of conviction to a witnesses - Reliability - Quarrel on account of previous enimity between the accused persons and the deceased who were brothers - Upon confrontation, the co-accused and his son-appellant became aggressive, and the co-accused armed with axe and the appellant armed with stick

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