Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | FSL Report Penal code 1860 Section 300 exception 4 culpable homicide not amounting to murder Section 304 Part II IPC |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s. 300 exception 4, s. 304 Part-II - On facts, in continuation of the earlier quarrel, fire broke out in which the fire shots Were exchanged between both the parties resulting in the death of two on the complainant side and one on the appellant side- Conviction and sentence of the appellant u/s. 302 for causing murder of two by the courts below - Interference with - Held: Except a very sketchy unsupported FSL Report, no other acceptable evidence to show that the appellant was in any way responsible for killing of his own brother with the aid of his double barrel gun - On basis of the sketch drawn, FSL Report, evidence of the wife of the appellant's brother, death of two on the complainant's side occurred due to the firing resorted to as part of self defence by the appellant - It would amount to culpable homicide not amounting to murder, which was committed without any pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel and that the offender did not take undue advantage or acted in a cruel or unusual manner, which Would normally fall under Exception 4 of Section 300 - Thus, conviction modified to one u/s. 304 Part-II with the punishment of ten years - Since the sentence already suffered by the appellant is more than sufficient, the appellant to be released if not required in any other offence - Arms Act - s.27. |
Judge | N/A |
Neutral Citation | 2014 INSC 884 |
Petitioner | Rajinder Singh |
Respondent | State Of Haryana |
SCR | [2014] 12 S.C.R. 564 |
Judgement Date | 2014-12-17 |
Case Number | 1039 |
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