Supreme Court of India
Hari Shankers v. State of Uttar Pradesh
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.
What the Court ordered
We are of the opinion that the High Court was misplaced in maintaining the conviction of the present appellant under Section 302 of IPC. We therefore, alter the conviction of the appellant to one under Section 326 of the Indian Penal Code, B 1860.
Judgment, page 13
From the headnote
Penal Code, 1860- s. 302 rw 34 - Murder-Allegation that appellant along with other persons committed murder of the deceased to take revenge of the earlier incident of dacoity and murder - Conviction of four persons uls. 302 rw s. 34, however, acquittal of three by the High Court giving them benefit of doubt while conviction of the appellant upheld - Conviction of the appellant on the basis of the statement pf eye witness-PW2 and its corroboration - On appeal, held: Since the acquittal of all co-accused became final, the conviction of the appellant u/s. 34 is not sustainable - As regards the
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