Supreme Court of India
Anand Ramachandra Chougule v. Sidarai Laxman Chougala and Others
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered opinion that the failure of the prosecut ion to act fairly and place all relevant materials with regard to the occurrence before the court enabling it to take just and fair decision has caused serious prejudice to them.
Judgment, page 7
From the headnote
Penal Code, 1860: Alteration of conviction from u/s. 302/34 to s. 304 Part I/34 – There was a verbal duel followed by scuffle between t he parties – Prosecution alleged that accused persons assaulted the othe r party, which also led to a homicidal death – Trial court convicted all the four accused u/s 302/34 IPC – High Court held that the assault was made on spur of the moment without premeditation and that both sides had suffered injuries and altered conviction u/s .304 Part I – Two accused were acquitted as their presence was found d oubtful – On appeal, held: Parties were related to each
Authorities it was built on
- 1990 V.R. Katarki v. State of Karnataka and Ors.
- 2006 Pulicherla Nagaraju @nagaraja Reddy v. State of Andhra Pradesh
- 2012 Dayal Singh & Ors. v. State of Uttaranchal
- 2013 Sunil Kundu and Anr. v. State of Jharkhand
- 2012 Gajoo v. State of Uttarakhand
- 1975 Partap v. The State of U.P.
- 2009 Raj Kumar v. State of Maharashtra
- 2018 Manoj Kumar V. State of Himachal Pradesh v. State of Himachal Pradesh
Where later benches applied it
- 2021 Jaikam Khan v. The State of Uttar Pradesh
- 2021 Arvind Kumar @ Nemichand & Ors. v. State of Rajasthan
- 2021 Kalabhai Hamirbhai Kachhot v. State of Gujarat
- 2023 Ranvir Singh Etc. Etc. v. The State of Madhya Pradesh
Of those, 1 relied on · 2 referred to · 1 mentioned
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