Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – Exception 4 to s.300 and s.304 Part II – Quarrel between ‘Rh’ and ‘Ru’ escalated into altercation and soon they were joined by some other persons – Altercation subsequently turned violent and appellant, uncle of ‘Ru’, pierced brother of ‘Rh’ with ballam (spear) on left side of his chest and also injured ‘Rh’ – Brother of ‘Rh’ was taken home where he was declared dead – Whether appellant had the intention of causing the death of brother of ‘Rh’ – Held: No – Facts of the instant case indicate that all the ingredients of Exception 4 to s.300 IPC were present – The fight was sudden and not premeditated (a finding of both the Courts below) and appellant was not found to have taken undue advantage of his carrying a ballam (spear) in the sense of inflicting any other serious injury, except a contusion to ‘Rh’ – That being the position, it cannot be held that appellant had the intention to murder brother of ‘Rh’ or to cause him such bodily injury as is likely to cause death – None of the witnesses have given any indication that appellant had intention to cause the death of brother of ‘Rh’ – During the altercation appellant did pierce the chest of brother of ‘Rh’ but the intention to kill him is not apparent – However, appellant must be attributed with the knowledge that piercing the left side of the chest with a ballam (spear) would result in a bodily injury that is likely to cause death – Under the circumstances, the conviction of appellant u/s. 302 set aside – Instead, appellant convicted u/s.304 Part II – Appellant has been behind bars for almost 14 years – His sentence altered to the period of incarceration he has already undergone and ordered to be released forthwith – Sentence/ Sentencing. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 444 |
Petitioner | Tularam |
Respondent | The State Of Madhya Pradesh |
SCR | [2018] 5 S.C.R. 671 |
Judgement Date | 2018-05-02 |
Case Number | 663 |
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