NDLI: Gurwinder Singh @ Sonu Etc Vs. State of Punjab and Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860 – ss. 304 Part I 300 Exception 4 Penal Code 302 r/w 34
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss. 304 Part I, 300 Exception 4, 302 r/w 34 – Murder – Parties assembled to settle land dispute – Exchange of words resulting in scuffle between the parties – Appellant G brought axe from the room – Appellant S held the victim from arms and G inflicted axe blow to victim on his head – Appellants also sustained injuries – Complaint lodged after five days – Victim succumbed to his injuries a month later – Conviction of accused G u/s. 302 and accused S u/s. 302 r/w s. 34 and sentenced accordingly – Upheld by the High Court – On appeal, held: Since both the accused sustained injuries in the incident, non-explanation of injuries sustained by the accused assumes significance – There was no provocation from either side – Exchange of words resulted in scuffle – Evidence of the doctor that the victim was drunk at the time of the incident – It was in this circumstance, appellant G went inside the room and brought an axe and hit on the head of the victim – No clear evidence as to who started the attack – Both the parties were unarmed – Though accused G used the axe but victim survived for about one month – Appellants thus, did not take undue advantage of the same – There was also a delay of five days in lodging the FIR – Act of the accused would fall under “exception 4” to s. 300 – Weapon used in the manner in which the injury was inflicted clearly establish that the appellants intended to cause the injury which was sufficient in the ordinary course of nature to cause death – In view thereof, the conviction of the appellants u/s. 302 read with s. 34 modified to one u/s. 304 Part-I and sentenced to imprisonment for seven years.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2018 INSC 457
Petitioner	Gurwinder Singh @ Sonu Etc
Respondent	State Of Punjab And Anr
SCR	[2018] 4 S.C.R. 362
Judgement Date	2018-05-08
Case Number	2301

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