Supreme Court of India
Vinod Kumar v. Amritpal @ Chhotu & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the learned Additional District and Session Judge was right in convicting the accused for the offence punishable u nder 967 Section 302/149 of IPC. Accordingly, the appeal is allowed by setting aside the impugned Judgment of the High Court dated 18th July 2016.
Judgment, page 13
From the headnote
Penal Code, 1860: s.300 thirdly – Prosecution case was that respondent 1 to 5-accused were guilty of killing victim -deceased – Trial court convicted respondents-accused inter ali a for offence punishable u/ss.302/149 – High Court altered convic tion u/s.302 to one u/s.304 Part II holding that the injuries caused to deceas ed were on non-vital parts of the body and, therefore, there was no intention on part of accused to kill the deceased – High Court further observed that the accused took deceased to a doct or which showed that there was no intention on their part to kill the dece ased –
Where later benches applied it
Of those, 1 referred to
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