Supreme Court · 2008 INSC 1182 · Decided 20 October 2008
Viji & ANR. v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1182 · [2008] 14 S.C.R. 761
- Case number
- CRIMINAL APPEAL No. 296/2006
- Decided
- 20 October 2008
- Bench
- C.K. THAKKER, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 143, 144, 147, 148, 149, 302
Headnote
'-.. >-. Penal code, 1860: s. 34 - Common intention - A-1 to A- 3 caught hold of deceased and A-4 to A-7 attacked deceased c resulting in his death - Conviction under s.302 r.w. s.149 - High Court acquitted A- 2 to A-6 giving benefit of doubt and in case of A-1 and A- 7, converted conviction to and A-7 - Held: In view of acquittal of A-2 to A- 6, and in the light of ocular evidence that A-7 assaulted de- D ceased while A-1 merely caught hold of deceased, ends of ;ustice would be met if A-7 is convicted under s. 326 and ac- cused no.1 under s.326 r.w. s.34 !PC - Regarding sentence, since
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