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AIR 2006 SUPREME COURT 3406
::2006 AIR SCW 5329
Supreme Court Of India
Hon'ble Judge(s):
S. B. Sinha,
Markandeya Katju
, JJ
( A ) Indian Penal Code (45 of 1860) S. 304 , Part I, 34 — Intention to kill or cause injury as is likely to cause death — Nature of injury — 4 inches deep wound in abdomen — Injury caused by accused by piercing deceased with Ballam — Incident occurring out of altercation between accused and deceased who were co-sharers of a plot — Proved by evidence of eye-witnesses, corroborated by medical evidence — Intention of accused is clear from nature of injury — Conviction under Ss. 304, Part I, 34, proper. (Paras1315)
( B ) Indian Penal Code (45 of 1860) S. 304 , Part I — Charge under — Defence of accidental injury — Tenability — Deceased and accused-co-sharers of land — Altercation ensuing between deceased and accused over uprooting of seedling by deceased from land — Plea that deceased attacked accused and in scuffle that followed accidental injury was caused to deceased by Ballam resulting in his death — Plea of attack by deceased belied by fact that deceased and his men were unarmed and also by evidence on record — Conviction of accused under S. 304, Part I, proper. (Paras1415)
( C ) Indian Penal Code (45 of 1860) S. 304 , Part I — Charge under — Proof — Unexplained injuries on accused — Injuries minor — Non-explanation does not help accused — Moreso when neither injury report by Doctor was produced nor any doctor was examined. (Paras16)
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