MANI BEN versus STATE OF GUJARAT
From the evidence, it cannot be said that the appellant had the intention that her action would cause death or such bodily injury sufficient in the ordinary course of nature to cause death; thus, the case falls under section 304 Part II and not section 302 IPC. The conviction and sentence by the trial court are restored.
- Parties
- Appellant: Maniben; Respondent: State of Gujarat
- Jurisdiction
- India
- Judgment Date
- 07 August 2009
- Procedural Posture
- Criminal Appeal / Supreme Court Final Judgment
- Outcome
- Appeal partly allowed; conviction altered to section 304 Part II IPC
- Legal Topics
- Indian Penal Code Section 304 Part II, Indian Penal Code Section 302, Murder, Culpable Homicide, Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Maniben
Appellant
State of Gujarat
Respondent
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Legal Issues
- 1 Whether the accused's act constituted murder under section 302 IPC or culpable homicide not amounting to murder under section 304 Part II IPC
- 2 Whether the evidence established intention sufficient for murder conviction
Ratio Decidendi
From the evidence, it cannot be said that the appellant had the intention that her action would cause death or such bodily injury sufficient in the ordinary course of nature to cause death; thus, the case falls under section 304 Part II and not section 302 IPC. The conviction and sentence by the trial court are restored.
Court Disposition
Appeal partly allowed; conviction altered to section 304 Part II IPC
Orders
- Conviction and sentence under section 302 IPC set aside
- Conviction and sentence under section 304 Part II IPC restored
Full Case Text
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