SHAIKH KARIMULLAH @ BABU AND ORS. versus STATE OF A.P.

SHAIKH KARIMULLAH @ BABU AND ORS. versus STATE OF A.P.

Conviction under Section 302 IPC not justified where no charge under Section 34 was framed and evidence shows only a fist blow by appellant; conviction altered to Section 325 IPC with three years custodial sentence.

Source-derived case information.

Parties
Appellant: Shaikh Karimullah @ Babu and Ors.; Respondent: State of A.P.
Jurisdiction
India
Judgment Date
06 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction From High Court
Outcome
Appeal partly allowed. Conviction altered from s.302 IPC to s.325 IPC with three years custodial sentence.
Legal Topics
Penal Code S.302, Penal Code S.325, Charge Under S.34, Conviction Alteration
Criminal Law Penal Code S.302 Penal Code S.325 Charge Under S.34 Conviction Alteration

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Parties

Shaikh Karimullah @ Babu and Ors.

Appellant

State of A.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From High Court

Legal Issues

  1. 1 Justification for conviction under s.302 IPC
  2. 2 Applicability of s.34 IPC without charge
  3. 3 Appropriate conviction based on evidence

Ratio Decidendi

Conviction under Section 302 IPC not justified where no charge under Section 34 was framed and evidence shows only a fist blow by appellant; conviction altered to Section 325 IPC with three years custodial sentence.

Court Disposition

Appeal partly allowed. Conviction altered from s.302 IPC to s.325 IPC with three years custodial sentence.

Orders

  • Conviction under s.302 IPC set aside.
  • Appellant convicted under s.325 IPC.