Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 148 323 325 and 304 (Part I) Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 148, 323, 325 and 304 (Part I)- Prosecution ulss. 148, 323, 325 and 302 rlw s. 149- Of ten accused - Trial court convicted all the accused - High Courtconfirmed the conviction of 4 of the accused while acquittedrest of them - On appeal, held: Prosecution proved its casequa the appellants-accused - However, since the incidentfight upon a sudden was without premeditation and a suddenquarrel and since the injuries were inflicted in the heat ofpassion without taking any undue advantage or acting in acruel and unusual manner - Therefore, by invokingException 4 to s. 300 the offence will not'fall uls. 302 but uls.304 (Part I) - Since the number of accused was reduced to only 4 due to acquittal of 6 of the accused, the appellantsalso cannot be convicted with the aid of s. 149 - Theconviction of appellant-accused 'H' is converted from s. 3021149 to s. 304 (Part I) - Other appellants-accused are acquittedu/s. 3021149 while their conviction ulss. 325 and 323 confirmed. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2015 INSC 425 |
Petitioner | Ramanlal And Anr. |
Respondent | State Of Haryana |
SCR | [2015] 7 S.C.R. 147 |
Judgement Date | 2015-05-15 |
Case Number | 2279 |
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