AIR 2019 SUPREME COURT 3871

Supreme Court Of India

: AIROnline 2019 SC 788 (From: Karnataka)

Hon'ble Judge(s): Ashok Bhushan, Navin Sinha , JJ

Penal Code (45 of 1860) , S.302, S.300 Excp.4, S.304 Part I, S.34— Evidence Act (1 of 1872) , S.3— Murder or culpable homicide not amounting to murder - Sudden quarrel - Strained relationship between parties and pendency @page-SC3872of civil suit on account of land dispute between them - Concurrent findings of lower Court that verbal duel followed by scuffle between parties culminated in injuries to deceased - Failure of police to explain for not investigating complaint lodged by accused regarding same incident - Suppression of injury report of accused by prosecution, doubtful - Failure of prosecution to act fairly and place all relevant materials before Court enabling it to take just and fair decision, has caused serious prejudice to accused - Alteration of conviction under S. 302 to that of S. 304 Part I, proper.AIR 2012 SC 3046, 2012 AIR SCW 5598, Disting. (Para 8 11 12) .....