Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.300 Exception 4 Penal Code s.302 and s.304 Part I |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:s.300 Exception 4, s.302 and s.304 Part I- Sudden fight between accused and deceased - Accused assaulted deceased with axe lying nearby- Wife of deceased intervened and she was a/so given blow with axe on head - Courts below held accused guilty under ss. 302 and 324 -Accused pleading applicability of Exception 4 of s.300 - Considering factual background, appropriate conviction would be under s. 304 Part-I and not under s. 302 - Conviction altered accordingly.s.302-Applicability of, when single blow given - Held: It is not rule of universal application that whenever one blow is given, s. 302 is ruled out - It would depend upon the weapon used, the size and force with which blow was given, part of body on which it was given and several other factors.s. 300 Exception 4 - Invocation of- Essential ingredients.Words and phrases:'fight', 'sudden fight', 'undue advantage' - Meaning of - In the context of Exception 4 to s.300 IPC. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2008 INSC 292 |
Petitioner | Trimbak |
Respondent | State Of Maharashtra |
SCR | [2008] 3 S.C.R. 804 |
Judgement Date | 2008-03-04 |
Case Number | 438 |
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