Supreme Court of India · 2009-09-10
Velu @ Palanivelu & Anr vs Inspector Of Police & Ors
- Court
- Supreme Court of India
- Petitioner
- Velu @ Palanivelu & Anr
- Respondent
- Inspector Of Police & Ors
- Bench
- R.M. Lodha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court examined the appeal against the Bombay High Court's conviction under Section 302 IPC, asserting that the trial court's acquittal was perverse due to reliance on interested witness testimony and lack of medical evidence. The Court found that the appellant, Changdeo Nivrutti Kamathe, was indeed the primary perpetrator, as corroborated by witness accounts and medical findings. However, the Court concluded that the circumstances indicated a case under Section 304 IPC instead of Section 302 IPC, leading to a modification of the conviction.