Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | rod on the head of deceased Appellant-accused and deceased had a sudden fight |
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 – s.304 Part II r/w s.34 and s.201 – Appellant-accused and deceased had a sudden fight – In the heat of passion, the co-accused, who had rod with him, gave a blow with the rod on the head of deceased resulting in his death – Thereafter appellant and co-accused hurled the dead body of deceased in the canal – Appellant and co-accused were convicted by the Sessions Court u/ss.302/34 and s.201 IPC – High Court modified the conviction u/s.302 IPC to that u/s.304 Part-I IPC – On appeal, held: Sudden fight took place in the heat of passion upon a sudden quarrel – There was no pre-meditation – As there was no intention on the part of the appellant and co-accused either to cause death or cause such bodily injury as is likely to cause death, the High Court ought not to have convicted the appellant u/s.304 Part-I IPC – Conviction of appellant u/s.304 Part-I / s.34 IPC modified to that u/s.304 Part-II/s.34 IPC – His conviction u/s.201 IPC maintained. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 519 |
Petitioner | Kala Singh @ Gurnam Singh |
Respondent | State Of Punjab |
SCR | [2021] 6 S.C.R. 225 |
Judgement Date | 2021-09-21 |
Case Number | 1040-1041 |
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