Supreme Court of India
State of Karnataka v. Mohamed Nazeer @ Babu
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From the headnote
Penal Code, 1860: Ss.302, 304(Part-II) and 323-Accused kicking the victim by knee on his private part-Death of victim instantaneously-Trial court convicting accused u!s. 304 (Part-1!)-0n appeal by accused, High Court holding the accused guilty only u!s. 323 /PC and releasing him u!s.3 of Probation of Offenders Act-Held, accused committed an act with the intention of causing death or by causing bodily injury as is likely to cause death-Conviction should have been uls. 302-But, State did not appeal against trial court's judgment-In any case, High Court should not have interfered with convictwn
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