Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: c s.300 exception 4 ands. 304 Part (1) s. 302 Penal Code |
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, s. 302, and s. 304 Part (1) - Applicability of s.300 exception 4 - Held: Is applicable when act is covered without premeditation, in a sudden fight - Besides, offender should not have taken undue advantage or acted in a cruel/unusual manner and fight must have been with the person killed - On facts, sudden fight between the accused and deceased, mutual provocation and blows on each side - On exhortation by one accused, the other stabbing the deceased with knife resulting in his death - Courts below convicting under s. 302 r/w s.34 and imposing life imprisonment - In the facts of the case, conviction altered from s. 302 to s.304 Part (1) - Custodial sentence altered to ten years.s.300 exception 1 and 4 - Distinction between - Explained.Words and phrases:'Fight', 'sudden fight' and 'undue advantage' - Meaning of - In the context of Exception 4 to Section 300 IPC.According to the prosecution case, on the fateful day, accused A1-A 4 came to the house of deceased. A2 caught hold of deceased and dragged him. A2 hit the deceased on his head with the bottle. The deceased also hit A2 on the head with the bottle. On exhortation by A1, A2 and A4 inflicted injuries to deceased on his head with chopper and A3 stabbed deceased with knife. The deceased became unconscious and later succumbed to his injuries. Trial court convicted the accused under section 302 read with s.34 IPC and imposed life imprisonment. High Court allowed the appeals filed by A1 and A4, however dismissed the appeals filed by appellants-A2 and A3. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1148 |
Petitioner | Thankachan And Anr. |
Respondent | State Of Kerala |
SCR | [2007] 11 S.C.R. 1128 |
Judgement Date | 2007-11-13 |
Case Number | 1535 |
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