Supreme Court of India
Tukaram Dnyaneshwar Patil v. State of Maharashtra & Ors.
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What the Court ordered
In view of the aforesaid discussion, the impugned order is set aside and the matter is remitted back to the High Court for considering the writ petition of the appellant afresh on its own merits and as per law.
Judgment, page 16
From the headnote
Pena/code, 1860: s.302 rlws.34; s.304 Part II rlws.34 - OiS"fJute between victim-deceased and accused persons over the boundary of the field - On the fateful day, -1 assaulted the deceased with sickle on his left ear and -2 o and -3 assaulted him by means of sticks on his head and mouth - When PW-1, brother of the deceased intervened, -1 to -3 assaulted him with sticks on his ann and head - Later the deceased succumbed to injuries - Trial court convicted the accused u/s. 302 rlw s. 34- High Court modified conviction to s.304 Part II rlw s.34 and directed the accused to pay Rs.105000 to PW1
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