BENGAI MANDAL @ BEGAI MANDAL Vs. STATE OF BIHAR
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Head Note
Indian Penal Code,1860 - Section 302 , Section 326 , Section 452 , Section 34
Trial Court convicted appellant and sentenced him to imprisonment for life for throwing acid over the deceased which caused blisters and rashes on her body and later led to her death — High Court upheld the decisions of the trial Court — Appeal — Evidences of the prosecution witnesses in corroboration to the dying declaration given by the deceased — Dying declaration on record clearly established that the appellant was present at the time and scene of the offence — Held that in absence of any active role played by the appellant or overt act being done by the appellant, it cannot be said that the appellant had accompanied the accused no.1 to the house of the deceased with a common intention to murder the deceased, thus, the appellant acquitted from charge u/s 302 but convicted u/s 326 for intending to cause injury and disfigurement of the deceased — Appellant underwent RI for 7 years, thus, quantum of sentence reduced to the period already undergone — Appeal partly allowed.
Topic(s)-Dying Declaration