Supreme Court of India
Nandlal v. The State of Maharashtra
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What the Court ordered
In the result, this appeal is partly allowed and the conviction of the appellant under Section 302 IPC is modified as conviction under Section 304 Part II IPC and the appellant is sentenc ed to undergo imprisonment for twelve years.
Judgment, page 9
From the headnote
Penal Code, 1860 – s.302/34 or s.304 Part II – Convictio n under – Prosecution case that there was exchange of abuse b etween the two parties over expenses of the construction of wall – Victim and his brother tried to pacify the parties – However, they were not able to control the situation – Appellant, accused No.2 & 3 caus ed injuries to the victim – Victim died – Trial court convict ed all three accused u/s.302/34 of IPC – High Court held that only appellant caused fatal injuries to the victim and affirmed his con viction and acquitted accused No.2 & 3 – Appellant contended th at incident
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