Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code Exception 1 and 4 to Section 300 1860 Ss. 302 and 304 Part-II |
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; Exception 1 and 4 to Section 300, Ss. 302 and 304 Part-II:Culpable Homicide not amounting to murder - Deceased throwing rubbish into shop of accused - Accused stabbed knife in chest of deceased - Deceased succumbed to injury - Trial Court found accused guilty of committing offence punishable u/s.302 IPC and sentenced him to life imprisonment - Affirmed by High Court - On appeal, Held: Accused deprived of power of self-control due to grave and sudden provocation given by deceased - Accused picked up knife from table in the shop and was not carrying it, thus, accused had no intention/motive to cause death of the deceased - In the facts and under the circumstances of the case, accused entitled to benefit of Exception 1 and 4 to Section 300 - Hence, offence covered under Part-II of S. 304 IPC - Accordingly, sentence reduced to simple imprisonment of five years - Sentencing.According to the prosecution, on the fateful day, accused-appellant who was working in a waste paper merchant shop was, arranging the articles inside the shop. The deceased, who used to collect waste papers from the roadside threw the waste-papers inside the shop. On seeing this, the accused got angry and shouted at the deceased and pulled his hair. The deceased thereupon pushed the accused. Then the accused picked up a knife from the table in the shop and stabbed the deceased in the chest, who fell down and succumbed to the injury. The trial court found the accused guilty of committing offence punishable under S. 302 IPC and sentenced him to life imprisonment. The conviction and sentence was upheld by the High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2007 INSC 1125 |
Petitioner | Muthu |
Respondent | State By Inspector Of Police, Tamil Nadu |
SCR | [2007] 11 S.C.R. 911 |
Judgement Date | 2007-11-02 |
Case Number | 1511 |
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