Supreme Court · 2004 INSC 691 · Decided 2 December 2004
Babulal Bhagwan Khandare and ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2004 INSC 691 · [2004] SUPP. 6 S.C.R. 633
- Case number
- CRIMINAL APPEAL No. 1403/2004
- Decided
- 2 December 2004
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 96to105, 300
Headnote
Penal Code, 1860; Ss. 34, 96 to 105, Exception 4 to Section 300 and Section 302: A· B Murder of three persons-Right of private defence-Applicability of- C Held: Notwithstanding origin of sudden quarrel by way of provocation or striking blow by one party on another, yet their subsequent Section 300 could be applied provided offender not allowed to take undue advantage/acted in cruel manner-However, in the facts and circumstances D of the case Courts below rightly held that Exception 4 to Section 300 inapplicable-If the circumstances confirm that right of private defence
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