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Supreme Court of India

Ankush Shivaji Gaikwad v. State of Maharashtra

Neutral citation
Bench T.S. Thakur and Gyan Sudha Misra JJ.
Decided 3 May 2013

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.

13 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow this appeal but only to the extent that instead of Section 302 IPC the appellant shall stand convicted for the offence of culpable homicide not amounting to murder punishable under Section 304 Part II IPC and sentenced to undergo rigorous imprisonment for a period of five years. The fine imposed upon the appellant and the default sentence awarded to him shall remain unaltered. The appeal is disposed of in the above terms in modification of the order passed by the Courts below. A copy of this order be forwarded to the Registrars General of the High Courts in the country for circulation among the Judges handling criminal trials and hearing appeals.

Judgment, 64

From the headnote

Penal Code, 1860 - s.300 Exception 4 ands. 304 (Part II) - Trial and conviction uls. 302134 by courts below - Held: The nature of injury inflicted by accused, the part of body on which inflicted, weapons of offence and circumstances in which injury was inflicted, do not suggest that the accused had the intention to kill the deceased - Therefore, accused entitled to benefit of Exception 4 to s.300 - The case would fall uls.…

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 5 referred to · 7 mentioned

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