Supreme Court · 2006 INSC 266 · Decided 28 April 2006
Surendra Singh@ Bittu v. State of Uttaranchal
- Court
- Supreme Court of India
- Citation
- 2006 INSC 266 · [2006] SUPP. 1 S.C.R. 490
- Case number
- CRIMINAL APPEAL No. 501/2006
- Decided
- 28 April 2006
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 34, 300, 504, 506
Headnote
SINGH@ BITTU v. STATEOFUTTARANCHAL APRIL 28, 2006 [S.B. SINHA AND P.K. BALASUBRAMANY AN, JJ .] Penal Code, 1860: s. 304( Part ll)-Absence of intention to cause death-During exchange C of hot words and scufjle, a single gun shot causing death of victim-Three accused prosecuted u/s 302134 of acquittal of other two accused, genesis of occurrence cannot be said to D have been proved-Appellant did not act on his own- He is said to have acted on impulse and that too upon being instigated by his brother-­ Appellant cannot be said to have intention to kill the deceased-Conviction
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