Supreme Court of India
Shaukat v. State of Uttaranchal
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What the Court ordered
For the foregoing reasons, Criminal Appeal No. 757 of 2005 filed by the appellant Shaukat is dismissed whereas Criminal Appeal No. 758 of 2005 filed by the State of Uttaranchal is accepted.
Judgment, page 22
From the headnote
Penal Code, 1860: s. 300 'Thirdly', Exception 4, and ss. 302, 307, 304(part c 1) and 308 - Dispute regarding digging of earth from village pond by the victim - Scuffle between father of accused and the victim - On exhortation by the father, accused giving two knife blows to the victim resulting in his death - The witness who tried to save the victim sustained grievous injuries at the 0 hands of accused - Conviction by trial court u/ss 302 and 307 /PC - High Court holding Exception 4 to s. 300 applicable and substituting conviction of accused to one u/ss 304(part-I) and 308 - HELD: The record
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