Supreme Court of India
Ajmal v. The State of Kerala
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What the Court ordered
We are of the view that the appellants would be entitled for acquittal under section 302 IPC but would be liable to be convicted under section 304 Part-II IPC. R est of the conviction upheld by the High Court and the sentence for the charges under sections 341, 323, 324 and 427 read with section 34 IPC is maintained.
Judgment, page 16
From the headnote
Penal Code, 1860: ss.34, 149, 302, 304 Part II– Cul pable homicide not amounting to murder – Deceased along w ith other friends were stopped by ten accused persons – Verba l altercation took place – Deceased was beaten by accused no. 1 and 2 and as a result, deceased fell on the ground – Accused no. 3 at tacked the others with stick and caused them simple and grievous hurt – Charges framed u/ss.143, 147, 148, 341, 323, 324, 427 and 302 r/w s.149 – Trial Court acquitted accused nos.4, 5, 7 and 10 – High Court acquitted three other accused namely accused nos.6, 8 and 9 o f all the charges –
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