Supreme Court · 2007 INSC 1302 · Decided 14 December 2007
Vineet Kumar Chauhan v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1302 · [2007] 13 S.C.R. 727
- Case number
- CRIMINAL APPEAL No. 35/2006
- Decided
- 14 December 2007
- Bench
- P.P. NAOLEKAR, D.K. JAIN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 307, 300
Headnote
Penal Code, 1860-ss. 302 and 304 (Part !!)-Accused charged with murder caused by firearm-Acquittal by trial court, however, High Court convicted u/s 302-0n appeal, held: Accused caused fatal injury to deceased-Though deceased died of septicemia and toxemia owing to bed sores, basic cause of death and her death-Absence of evidence of Ballistic expert was not fatal -Requirement of mens rea was absent-There was no enmity- Occurrence took place without pre-meditation, in heat of passion upon sudden quarrel-At the most, accused had knowledge · that use of revolver was likely to
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