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september 2006

Supreme Court of India · 2006-09-29

Kailash vs State Of M.P

Citation / case number
AIRONLINE 2006 SC 491
Court
Supreme Court of India
Petitioner
Kailash
Respondent
State Of M.P
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court examined the conviction under Section 302 IPC for the murder of Ramkishan, where the appellant was accused of inflicting a fatal blow with an axe. The Court noted that the trial court acquitted co-accused Prakash and Babulal due to lack of evidence linking them to the crime, and emphasized that only one injury was found on the deceased, leading to the argument that the case should be considered under Section 304, Part II IPC instead. Ultimately, the Court upheld the conviction of the appellant under Section 302 IPC, affirming the reliance on the testimony of Savitri, who witnessed the assault.

Kailash vs State Of M.P · Niyam