Supreme Court of India

State of Rajasthan v. Islam

Neutral citation
Reported as [2011] 6 S.C.R. 988
Bench Asok Kumar Ganguly and Deepak Verma JJ.
Decided 24 May 2011

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons aforesaid, this Court cannot approve the judgment of the High Court insofar as conversion of conviction in respect of respondent no. 1 from Section 302 to F Section 304 Part-II is concerned.

Judgment, page 11

From the headnote

Penal Code, 1860 - ss. 302 and 304 (Part-II) - Accused hit the victim on his head with deadly weapon, resulting in his death - Convicted u/s. 302 and sentenced to life imprisonment by trial court - High Court converted the sentence from s. 302 to s. 304 (Part-II) as accused had already undergone detention for more than six years - On appeal held: Order of conversion of sentence not justified - In the background of the consistent evidence, it cannot be said that accused had no intention to kill the deceased - There was some pre-meditation on the part of accused when he went to his house after

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