Supreme Court · 2006 INSC 970 · Decided 7 December 2006
Vadla Chandraiah v. State of A.P
- Court
- Supreme Court of India
- Citation
- 2006 INSC 970 · [2006] SUPP. 10 S.C.R. 343
- Case number
- CRIMINAL APPEAL No. 1288/2006
- Decided
- 7 December 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 300
Headnote
B Penal Code, 1860; Exceptions I and 4 to Sections 300, 302, 304 Part- II: Homicide/murder-Quarrel between a fruit vendor and a police constable C for non-payment of price of fruits-Intervention by accused and his son, carpenters-Sudden fight lasted for I 0-15 minutes-Accused hacked the Constable u/s 302 !PC and sentenced him accordingly-Affirmed by High Court-On appeal, Held: High Court erred D in appreciating evidence and thereby a wrong question posed-As to presence of motive, once clear evidence with regard to 'grudge' available, Court should have taken the same to its logical
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