Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Exception 4 and s. 304 (part I) -Dispute between rival groups over a land dispute s. 300 |
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, 1860: s. 300, Exception 4 and s. 304 (part I) -Dispute between rival groups over a land dispute, turned into sudden fight resulting into death of one person on complainant's side - High Court converting conviction u/s 302 to one u/s 304(Part II) - Held: Out of 9 injuries on deceased only one was held to be grievious in nature which was sufficient in ordinary course of nature to cause the death - In heat of passion upon a sudden quarrel accused caused injuries on deceased - The act was done by accused person with intention of causing such bodily injury as was likely to cause the death - Offence will squarely fall within s.304 (Part I) - Conviction and sentence u/s 304 (Part II) set aside and appellants convicted u/s 304 (Part I) and sentenced to 7 years RI each - Appellants are not entitled to be released on probation - Probation of Offenders Act, 1958. |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2014 INSC 142 |
Petitioner | Nanak Ram |
Respondent | State Of Rajasthan |
SCR | [2014] 3 S.C.R. 326 |
Judgement Date | 2014-02-26 |
Case Number | 1985 |
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