Supreme Court · 2008 INSC 1134 · Decided 13 October 2008
Arumugam v. State REP. BY Inspector of Police, Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1134 · [2008] 14 S.C.R. 309
- Case number
- CRIMINAL APPEAL No. 967/2001
- Decided
- 13 October 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 34, 323, 300; Evidence Act Section 3
Headnote
Penal Code, 1860: ss. 304 (Part /), 302 and s. 300,. exception 4 - Murder or c Culpable Homicide not amounting to murder - Fight between parties over panchayat elections - Next day accused armed with deadly weapons attacked the deceased resulting in his death - of deceased - Con- viction u/s. 302 by courts below - Justification of - Held: Evi- D dence of witnesses cannot be discarded on their being close relative of deceased- Exception 4 to s. 300 not applicable as occurrence did not take place in the course of sudden quarrel - On facts of the case
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