Supreme Court · 2008 INSC 1300 · Decided 14 November 2008
A. Maharaja v. State of Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1300 · [2008] 15 S.C.R. 1151
- Case number
- CRIMINAL APPEAL No. 1790/2008
- Decided
- 14 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 300, 302
Headnote
Penal Code, 1860: s. 300, Exception 4 - Applicability of- Deceased cutting c trees with a spade and aruval - Sudden fight between accused and deceased - Accused snatched the aruval and assaulted deceased with it- Courts below held accused guilty under s.302· - Accused pleading applicability s.300 - Held: On facts, Exception 4 to s.300 applicable - Appropriate conviction would be under s. 304 Part-I and not s.302 - Conviction altered accordingly. Prosecution case was that there· was litigation between the deceased and his son accused which was E decided in favour of deceased.
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