Supreme Court of India
State of U.P. v. Lakhmi
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2 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, we allow this appeal and set aside the judgment of the High Court, but in alteration of the conviction passed by the Sessions Court, C we convict him under Section 304 (Part I), IPC. We sentence him to undergo rigorous imprisonment for a period of six years.
Judgment, page 9
From the headnote
Criminal Procedure Code, 1973-S. 313-Examination of Accused:.._ Incu/patory admissions-Sub-section (4)-Words "may be taken into consideration in such enquiry or trai/"--Scope of Indian Penal Code, 1860--S.300-Accused adopting alternative defence during ,examination under Section 313, Criminal Procedure Code of unsoundness of mind-Exception I to S.300 not pleaded-When could the accused be denied benefit of the exception. S.300-Exception I-Burden of proof-On accused-Accused entitled to discharge burden either through defence evidence or through prosecution evidence showing preponderance of
Authorities it was built on
Where later benches applied it
Of those, 1 relied on · 1 referred to
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