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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