Supreme Court of India · 2007-02-26
SHAJAHAN vs STATE OF KERALA
- Citation / case number
- SC 2006/9319
- Court
- Supreme Court of India
- Petitioner
- SHAJAHAN
- Respondent
- STATE OF KERALA
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & R.V. RAVEENDRAN
Judgment text excerpt
The Supreme Court upheld the conviction of the appellants under Section 323 read with Section 34 IPC while partially altering the conviction of A2 from Section 302 IPC to Section 304 Part II IPC, sentencing him to five years of rigorous imprisonment. The Court emphasized that the evidence established the common intention of the accused to cause hurt, and the High Court's findings regarding the exercise of right to private defense were not sufficient to overturn the convictions. The Court maintained the sentence for A2 under Section 324 IPC, affirming the lower court's judgment in part.