Supreme Court of India · 2005-08-24
Thankachan vs State Of Kerala
- Citation / case number
- AIR 2005 SUPREME COURT 3819
- Court
- Supreme Court of India
- Petitioner
- Thankachan
- Respondent
- State Of Kerala
- Bench
- B.P. Singh, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that the appellant's conviction under Section 302 IPC was not warranted as there was no intention to cause death or bodily injury likely to cause death. Instead, the Court found the appellant guilty under Section 304 Part II IPC, recognizing that while the appellant did not intend to kill, he was aware that using a chopper could likely cause death. The Court set aside the High Court's judgment and sentenced the appellant to ten years' rigorous imprisonment under Section 304 Part II IPC.