Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Exception 4 and 304 IPC |
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. 300 Exception 4 and 304 (Part B) - Prosecution under s.302 - Conviction by courts below - Held: The evidence shows that there was no previous enmity between the parties - There was also no premeditation and it was a case of sudden fight and a result of immediate provocation - The fatal blow was in the course of a scuffle between two persons - The accused also did not take advantage of the situation or behave in a cruel and unusual manner - Hence, the case is covered under Exception 4 to s.300 - In view of the facts the case would fall u/s. 304 (Part II) - Punishment of the accused is altered from life imprisonment to imprisonment for a period of 10 years with fine of Rs. 50, 0001- - The fine amount to be paid as compensation to the widow and child of the deceased. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2013 INSC 572 |
Petitioner | Chenda @ Chanda Ram |
Respondent | State Of Chhatisgarh |
SCR | [2013] 17 S.C.R. 327 |
Judgement Date | 2013-08-27 |
Case Number | 1285 |
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