Supreme Court of India

K. Ramakrishnan Unnithan v. State of Kerala

Neutral citation
Reported as [1999] 1 S.C.R. 1222
Bench G.B. Pattanaikand M.B. Shah J.
Decided 18 March 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

12 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the accused did not commit the offence under Section 302 but under part II of Section 304 IPC. We accordingly, set aside the conviction of the appel- G lant under Section 302 IPC and instead, convict him under Section 304 Part II. The incident is of the year 1985 and more than 13 years have elapsed. :> The accused is on bail pursuant to the orders of this court dated 6th February, 1992.

Judgment, page 10

From the headnote

Criminal Procedure Code, 1973-Sections 378 and 386-Murder trial-Acquittal by the Trial Court-Appeal against such acquittal-Scope of jurisdiction of the High Court-Consistent evidence of three eye witnesses that the appellant-Accused gave a knife blow on vital part of the deceased when he come out of the house on the cries of his son-the eye-witness account was fully corroborated by medical evidence-Held, High Court was fully justified in re-appreciating the entire evidence on record and to record its own con­ clusions as to whether conviction was sustainable--<::riminal trial-Penal Code,

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