Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1932 Partnership Act |
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"149, Exception 4 to Section 300:Deceased succumbed to injuries inflicted by accused in a suddenquarrel-Trial Court convicted accused under Section 300 r/w Section 149-Upheld by High Court-On appeal, Held: Though one of the injuries was heldto be of grievous nature, there is no material to show that injury was inflictedwhen the deceased was in helpless condition-Besides assaults were made atrandom and it was not the case of the prosecution that accused came preparedfor attacking the deceased-Under the facts and circumstances of the case,causing of such injury could not be termed to be either in a cruel or unusualmanner but in the heat of passion upon a sudden quarrel-Hence, ExceptionJV to Section 300 /PC attracted--Conviction and sentence modified accordingly.Exception I & IV to Section 300 /PC-Distinction between-Discussed |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2003 INSC 97 |
Petitioner | Ghapoo Yadav And Ors. |
Respondent | State Of M.p. |
SCR | [2003] 2 S.C.R. 69 |
Judgement Date | 2003-02-17 |
Case Number | 229 |
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