Supreme Court · 2009 INSC 18 · Decided 12 January 2009
Buddu Khan v. State of Utiarakhand
- Court
- Supreme Court of India
- Citation
- 2009 INSC 18 · [2009] 1 S.C.R. 178
- Case number
- CRIMINAL APPEAL No. 39/2009
- Decided
- 12 January 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 300, 1
Headnote
Penal Code, 1860: c ss. 304 (Part /), 300, exception 4 and s. 302 - Murder or Culpable Homicide not amounting to murder - Applicability of Exception 4 to s.300 - Sudden quarrel between parties over a minor issue - Accused hitting the deceased resulting D in his death - Incident witnessed by by courts below - Justification of - Held: On facts, exception 4 to s. 300 applicable - Conviction altered to s.304 (Part I) with custodial sentence of 10 years - Evidence. E s.300, Exceptions 1 and 4 - Distinction between - Explained. Words and phrases: 'Fight', 'sudden fight' and 'undue
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