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august 2008

Supreme Court of India · 2008-08-28

Moidenkutty vs State Of Kerala

Court
Supreme Court of India
Petitioner
Moidenkutty
Respondent
State Of Kerala
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the High Court's decision to reduce the conviction of the appellant from Section 302 IPC to Section 304 Part 1 IPC, finding that the deceased had initiated the altercation and was armed with a stick, justifying the appellant's actions as a reaction to imminent harm. The Court agreed with the High Court's sentence of ten years rigorous imprisonment and a fine of Rs. 5,000, but modified the sentence to the period already undergone by the appellant, considering he had been in custody for five years. The Court emphasized the need for justice in light of the circumstances surrounding the case.

Moidenkutty vs State Of Kerala · Niyam