NDLI: R. Jayapal Vs. State of Tamil Nadu & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	IPC Alteration of conviction from s.302 IPC to Part-I of s.304
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – s.302/34, Part-I of s.304 – Alteration of conviction from s.302 IPC to Part-I of s.304 – Prosecution case that there was long-drawn rivalry between the wife of appellant (accused no.3) and the victim-deceased – It was alleged that appellant (accused no.1) and his wife (accused no.3) had an altercation with the victim – Same day, in the evening, it was alleged that when victim was crossing the lane in front of the house of the appellant, the appellant came down with a spike, the accused no.2 with sickle and unarmed accused no.3 and attacked the victim – Appellant stabbed the victim on chest with the spike – Victim died – FIR was registered – Before the Trial Court, the appellant took the defence that the deceased had barged into his house with 5-6 persons and assaulted and molested his wife – Appellant contended that in order to protect his wife, he had exercised the right to private defence and stabbed the deceased – Trial Court rejected the defence version and held appellant (accused no.1) and accused no.2 guilty for offences u/s. 302 IPC and u/s.302/34 IPC respectively and acquitted wife of the appellant (accused no.3) – High Court maintained the conviction and sentence of the appellant but found the accused no.2 not guilty and acquitted him – On appeal, held: The prosecution was not able to remove all the obvious doubts as to the place and manner of occurrence, particularly as to who was the aggressor and how it started – Prosecution was not able to clear as to how deceased was at the doorstep of the house of appellant and how the blood stains were also found at the doorstep of the house of appellant – Besides, the defence version that the deceased assaulted and molested appellant’s wife is also unacceptable for want of cogent and convincing evidence – However, the preponderance remains that the occurrence, in all likelihood, took place at the doorstep of the house of appellant – Thus, alternative case of appellant that the incident took place without any pre-meditation, in a sudden fight in the heat of passion upon sudden quarrel, when the deceased attempted entry into his house; and the appellant did neither take any undue advantage nor acted in a cruel or unusual manner is accepted – Benefit of Exception 4 of s.300 IPC extended to the appellant – Therefore, conviction of the appellant altered to one under Part-I of s.304 IPC.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 885
Petitioner	R. Jayapal
Respondent	State Of Tamil Nadu & Anr.
SCR	[2019] 10 S.C.R. 1
Judgement Date	2019-08-09
Case Number	56

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R. Jayapal Vs. State of Tamil Nadu & Anr.

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R. Jayapal Vs. State of Tamil Nadu & Anr.

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