Supreme Court of India
Abbas Ali v. State of Rajasthan
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From the headnote
Penal Code, 1860: -1 ss.299, 300, 302 and 304-1-Accused stabbed the deceased when he c was sleeping, resulting in his death-Conviction of accused under s.302- On facts and in the light of principles laid down in ss.299 and 300, conviction altered to s.304-l The prosecution case was that the body of deceased was found on a Railway Overbridge. Recovery of knife was made on disclosure made by accused. Trial Court framed the charges against accused for offence punishable under s.302 IPC. Evidence of PW-9 was to the effect that in the night she and the deceased were sleeping under a neem tree by
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