Supreme Court · 2004 INSC 703 · Decided 8 December 2004
Thangaiya v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2004 INSC 703 · [2004] SUPP. 6 S.C.R. 786
- Case number
- CRIMINAL APPEAL No. 1456/2004
- Decided
- 8 December 2004
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 299, 302
Headnote
Penal Code, 1860 : Sections 299, _ 300, 302 and 304 Part 1 "Murder" and "culpable homicide not amounting to murder"- C Distinction between-Accused gave one blow with a small stick to the deceased-The trial convicted the accused under S. 302-High Court upheld the is culpable homicide not amounting to murder'-It cannot be said D as a universal rule of application that whenever one blow is given S. 302 is ruled out-In the instant case one blow was given with a small stick­ The place where assault took place was dimly lit-Hence, conviction altered to
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