Supreme Court of India

Dharam Pal and Ors. v. State of U.P.

Neutral citation
Reported as [2008] 1 S.C.R. 65
Bench C.K. Thakker and Tarun Chatterjee JJ.
Decided 4 January 2008

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons aforesaid, we do not find any cogent reason to interfere with the judgment of the High Court converting the offence to Section 304 Part II of the IPC from Section 302 of the IPC. Accordingly, the appeal fails and is dismissed with no order as to costs.

Judgment, page 20

From the headnote

l Penal Code, 1860- s.304 Part II rlw s.34, Exception 4 to -1 s.300 and s.302 rlw s.34 - Culpable homicide not amounting I to murder- Assault on deceased with 'lathis' resulting in head c injuries - Deceased taken to police station by his father - Report registered on dictation of deceased - Subsequently he died - Conviction by Trial Court .under s.302 r/w s.34 - Conviction altered to s.304 Part II rlw s.34 by High Court - Correctness of - Held: Correct - Facts of the case disclose that there was no pre-meditation and no intention on part of accused to cause death of deceased - FIR mentioned

Where later benches applied it

Of those, 1 relied on · 1 referred to

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