Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.300 Exception 4-Applicability of- Held: For application of Exception |
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.300, Exception 4 - Applicability of - Held: For application of Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation - It must further be shown that the offender did not take undue advantage or acted in cruel or unusual manner.s.300, Exception 4, ss.304 Part 1 and 302 - Fatal blow on neck with a sharp edged weapon in course of sudden fight - Courts below convicted accused under s.302 - On facts, held: Exception 4 to s.300 is applicable - Offence relatable to s.304 Part 1 and not s.302. s.300, Exception 1 and 4 - Distinction between - Explained. Evidence: Evidence of close relative - Cannot be rejected on the sole ground of it being partisan. Discrepancy in evidence - Normal discrepancy and material discrepancy - Distinction between - Stated. Words and Phrases - "Fight", "sudden fight" and "undue advantage" - Meaning of - In the context of Exception 4 to s.300, IPC.According to the prosecution, in course of a quarrel, the brother of Appellant dragged the deceased to the place of incident whereafter Appellant delivered a fatal blow on his neck with 'Basua', a sharp edged weapon. Trial Court convicted Appellant under s.302 IPC. High Court upheld the conviction. In appeal to this Court, the conviction of Appellant was challenged on the ground that the eye-witnesses were related to the victim and hence their evidence could not be believed and that since only a single blow was given in the course of quarrel, s.302 IPC had no application. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 901 |
Petitioner | Kulesh Mondal |
Respondent | The State Of West Bengal |
SCR | [2007] 9 S.C.R. 799 |
Judgement Date | 2007-09-07 |
Case Number | 1172 |
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