Supreme Court of India
Sudam Prabhakar Achat v. The State of Maharashtra
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.
What the Court ordered
In the result, we pass the following order: (i) The appeal is partly allowed; (ii) The conviction under Section 302 IPC is converted to Part I of Section 304 IPC; (iii) The appellant is sentenced to the period already undergone; and (iv) The appellant is directed to be released forthwith if not required in any other case.
Judgment, page 7
From the headnote
Issue for Consideration Issue arose as to whether the conviction u/s.302 IPC could be converted into s.304 Part I or Part II IPC. Headnotes† Penal Code, 1860 – ss.304 Part I, 300 exception IV, 302 – Culpable homicide not amounting to murder – Alteration of conviction to a lesser offence – Testimony of related witnesses – Reliability – Quarrel on account of previous enimity between the accused persons and the deceased who were brothers – Upon confrontation, the co-accused and his son-appellant became aggressive, and the co-accused armed with axe and the appellant armed with stick assaulted the…
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