Supreme Court of India
Salim Sahab v. State of Madhya Pradesh
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From the headnote
Penal Code, 1860; Ss. 302 and 324: Murder-Accused assaulted a relative with sharp edged scissors Victim succumbed to the injuries-Trial Court found accused guilty of offences under Section 324 !PC and sentenced him accordingly-On appeal, High Court held him guilty of commission of offence u/s. 302 and sentenced him to life imprisonment-On appeal, Held: Relationship is not a fact to affect credibility of witness-Though accused attacked deceased with a sharp edged weapon but it was not a very big size weapon-Hence, in the facts and circumstances of the case, Section 304 Part II and not Section
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