Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | sudden fight First Information Report |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal code: Section 300, Exception 4-Applicability of-Sudden fight between the accused and deceased-Blow on head resulting in death of deceased-Trial court and High Court convicting accused under Section 302 IPC-Accused pleading applicability of Exception 4 of Section 300--Held: Trial Court and High Court not justified in convicting accused under Section 302-Exception 4 of Section 300 is applicable as accused had not taken undue advantage or acted in cruel or unusual manner-Fight suddenly took place for which both parties were equally to be blamed as there was mutual provocation and aggravation and no previous deliberation or determination to fight. Section 300, Exception 4-Acts done in sudden fight-Word 'fight' not defined in IPC-What amounts to sudden fight is a question of fact-Whether a fight is sudden or not must necessarily depend upon the proved facts of each case. Section 300, Exception 1 and 4-Comparison and distinction between-Explained. Criminal Procedure Code : Sections 154, 157-FIR and Illaqa report to Magistrate-Deloy in lodging and reporting-Held, not fatal if delay not unreasonable and duly explained-Criminal trial. Section 154-First Information Report-Meaning and Significance of Discussed. Section 157-Illaqa Report-Purpose of-Discussed. 548 Criminal trial : Ocular evidence vis-a-vis Medical evidence-Evidentiary value of-Held : where ocular evidence is cogent and credible, medical evidence to the contrary not to corrode its evidentiary value-Evidence. Words and phrases-Fight and sudden fight-Meaning of-In the context of Exception 4 of Section 300 IPC. According to prosecution, quarrel took place between the deceased and the appellant-accused. Next day employer of the appellant called deceased to settle the dispute. When talks were going on, quarrel between appellant and deceased ensued. Appellant picked up dhangu and gave two blows on the head of the deceased and he fell down. He was taken to hospital where he was referred to another hospital. After few hours, he died. After the death of deceased, his brother PW-3 lodged FIR. Appellant was arrested. On disclosure statement, dhangu was recovered. Trial Court convicted appellant under Section 302 IPC. High Court dismissed the appeal. In appeal to this Court, appellant contended that there was inordinate delay in lodging the FIR and sending the special report to the lllaqa Magistrate; that an incised wound found on head of deceased was not possible with the weapon i.e. dhangu which was alleged to have been used and in the alternate, Section 302 is not applicable as the assaults took place in the course of quarrel and Exception 4 of Section 300 IPC would apply. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 121 |
Petitioner | Ravi Kumar |
Respondent | State Of Punjab |
SCR | [2005] 2 S.C.R. 548 |
Judgement Date | 2005-03-04 |
Case Number | 377 |
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