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february 2007

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.

SHAJAHAN vs STATE OF KERALA · Niyam