Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | IPC ss. 300 302 307 and 304 benefit of Exception 4 to s. 300 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code,1860 – ss. 300, 302, 307 and 304 – The trial Court convicted the appellant for the offence of murder of the victim-deceased and attempt to murder three others – The judgment of the trial Court was challenged by the appellant by preferring appeal before the High Court – The High Court upheld the judgment of trial Court – On appeal, held: The trial court and the High Court did not consider written Statement (Ext. 96) of the appellant u/s. 313(5) Cr.P.C. in its entirety, non-consideration of the same has made the conviction vulnerable to interference – Trial Court failed to appreciate the defence version as spelt out in the Ext.96, which appears plausible – There is a missing link in the prosecution case as to the motive of the appellant to inflict the blow on the victim – Reading of the contents of Ext.96 does evince an act of retaliation spurred by sudden provocation resulting in a quarrel as well as a scuffle which resulted into death of the victim and others injured – The circumstances clearly negate any suggestion of premeditation in mind – The trial court lacked in objectivity by not examining the facts and circumstances as to whether the situation was such as is likely to reasonably cause an apprehension in the mind of the appellant that there was imminent danger to his body, of either death or grievous hurt being caused to him, if he did not act in private defence – To impute intention to cause death or the intention to cause that particular injury, which proved fatal, in circumstances of the case considered as unreasonable – Thus, appellant is entitled to the benefit of Exception 4 to s. 300, IPC – Conviction for murder and sentence of life imprisonment set aside – Appellant convicted u/s. 304, Part II, IPC. Code of Criminal Procedure,1973 – s. 313 – Object and scope discussed. |
Judge | Hon'ble Mr. Justice Dipankar Datta |
Neutral Citation | 2023 INSC 207 |
Petitioner | Premchand |
Respondent | The State Of Maharashtra |
SCR | [2023] 2 S.C.R. 119 |
Judgement Date | 2023-03-03 |
Case Number | 211 |
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