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2007 DIGILAW 1047 (SC)

State of Karnataka v. Khatu @ Hunumantharaya

2007-07-09

ARIJIT PASAYAT, P.P.NAOLEKAR

body2007
The order impugned is very confusing, does not disclose application of mind and it is not clear as to why the High Court felt that the case is covered under Section 304 Part II IPC and not under Section 302. Since practically no reason has been indicated to justify the conclusion the order of the High Court is clearly unsustainable. We set aside the order of the High Court. The appeals are allowed and the respondent is convicted and sentenced for rigorous imprisonment for life. ***********