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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code ss. 300 Exception 4, 30-1 Part II, 302, 307, 32-1 - Sudden fight - Murder - Bitter hostility between the warring factions to which accused and deceased belonged - Criminal litigation between these factions - Scuffle between the parties in the court when appellant-accused objected to the prese11ce of member of the opposite side -Appellant-accused at once.took out his Kirpan (used by Amritdhari Sikhs) and started giving blows to the opposite party. resulting in death of two - Conviction u/s 302, 307, 324 ·and sentenced to life imprisonment along with fine, by the courts below - On appeal, held: Where, 0n a"sudden quarrel, a person in the heat of the moment picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of Exception -I provided he has not acted cruelly - On facts, attack was not premeditated and it was because of the spur of the moment and without any intention to cause death - Weapon used by the appellant-accused was a small Kirpan - It is clear from the materials 0n record that the incident was in a sudden fight and the appellant- accused had not taken any undue advantage or acted in a cruel manner - It cannot. be said that the appellant-accused had any intention of causing the death of the deceased when he committed the act in question - incident took place out of grave and sudden . provocation - All requirements u/ss.300 Exception 4 satisfied, thus, the accused entitled to the benefit of s. 300 Exception 4 - Accused to be convicted ttls. 300 Part II and sentenced to imprisonment for 10 years S.100 Exception 4 - Invocation of - Necessary ingredients - Explained. s. 304 Part I and Part II - Difference. between - Held: If there is intent and knowledge then the same would be a case of s.304 Part I - If it is only a case of knowledge and not intention to · cause murder and bodily injury then the same would fall u/s, 304 Part II |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2017 INSC 323 |
Petitioner | Surain Singh |
Respondent | State Of Punjab |
SCR | [2017] 2 S.C.R. 824 |
Judgement Date | 2017-04-10 |
Case Number | 2284 |
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