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Supreme Court of India 2017-11-30 partly_allowed

Mohammed Tahir Usmangani Sheikh vs State of Gujarat

Bench: 2 — S.A. Bobde

In Brief

The appellant was convicted by the Sessions Court and High Court of causing death under section 304 Part-I of the IPC for allegedly running over the deceased with a car. However, the Supreme Court found that the appellant was actually charged with firing gunshots and injuring two persons, while his brother was charged with running over the deceased. No witness testified to seeing the appellant run over the deceased. The Court held that the conviction based merely on questions posed under section 313 of the CrPC was impermissible and lacked substantive trial evidence. The Supreme Court partly allowed the appeal, setting aside the conviction under section 304 Part-I and instead convicting the appellant under section 323 (simple hurt) with one year imprisonment.

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Criminal Procedure Criminal Law Evidence Culpable Homicide Conviction and Sentencing

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