Supreme Court of India
Naimuddin v. State of West Bengal
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From the headnote
Jr Penal Code, 1860 - s.302134 ands. 304 (Part 11)134 - Death of victim on brick assault by accused - Conviction u/ c s. 302134 and sentence of life imprisonment by courts below - Justification of - Held: Bricks were thrown on vital parts of the body of victim aged 78 years - Knowledge to commit murder attributed to accused - Victim died instantaneously after receiving brick injuries - On facts, conviction altered to s. 304 (Part-11)1149 with five years imprisonment . .., According to the prosecution case, accused persons assaulted the victim by bricks which resulted in the instantaneous
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