Bhimanna Vs. State of Karnataka
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Head Note
Indian Penal Code,1860 - Section 447 , Section 504 , Section 302 , Section 34
Murder - Common intention - Appeal - Deceased assaulted by accused persons - Wife of deceased deposed that when her husband fell down after receiving injuries, accused stopped the assault - Thereafter, accused left the place of occurrence saying that the victim had fallen - This clearly establishes that the accused-appellants did not intent to kill the deceased - It all happened in the spur of the moment upon a heated exchange of words between the parties after criminal trespass by the appellants on to the land of deceased - As such, it does not seem to be a pre-determined or pre-meditated case - Therefore, appellants to be convicted under Sections 447, 504 and 304 Part I read with Section 34 of Indian Penal Code - All appellant have already served the sentences awarded for the offences punishable under Sections 447, 504/34 Indian Penal Code - Appeal disposed of accordingly.
Topic(s)-Common Intention