Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss.302, 300 thirdly - Murder - Knife blow on chest of deceased, resulting in his death - Day before incident accused-appellant threatened to behead deceased - Conviction under s.302 by courts below - Plea that case was covered by exception 4 to s.300 - Held: The four requisites of exception 4 to s.300 not existing- It is not a case of sudden fight nor the act was done in a heat of passion - Appellant had a pre-existing malice against deceased - Appellant not entitled to benefit of exception 4 - Act squarely covered by s.300, thirdly - Conviction upheld. Prosecution case was tllat there was quarrel between appellant and PW-11 in respect of boundary of land. Appellant blamed that the deceased was instigating PW-11 against him. Appellant threatened deceased that he would behead him and his !;on. The next day, when deceased was sitting with his brothers near his house, appellant along with others came there armed with deadly weapons and started assaulting the deceased's brother. Deceased intervened to rescue his brother. Appellant gave a knife blow on the chest of the deceased. Deceased died the next morning. Trial Court convicted appellant under s. 302 IPC and awarded rigorous imprisonment for life. High Court affirmed the conviction. In appeal to this Court, appellant contended that the offence committed by him would not come within the definition of "murder", but only "culpable homicide not amounting to murder" under Section 304 IPC; that there A was no premeditation nor any intention to cause death; that deceased was given solitary knife-blow by the appellant when he intervened while his brother was being assaulted and the case was covered by Exception 4 to Section 300 and that the appellant cannot be said to have 8 intention of causing such body injury upon deceased. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 474 |
Petitioner | Suchand Bouri |
Respondent | State Of West Bengal |
SCR | [2009] 5 S.C.R. 796 |
Judgement Date | 2009-04-09 |
Case Number | 460 |
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