Supreme Court · 2007 INSC 667 · Decided 28 May 2007
Byvarapu Raju v. State of Andhra Pradesh and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 667 · [2007] 7 S.C.R. 815
- Case number
- CRIMINAL APPEAL No. 899/2005
- Decided
- 28 May 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 300, 302, 201, 20, 34
Headnote
Penal Code, 1860: ss.300 Exception 4, 304 Part I and 201-Prosecution for murder- c Conviction by Courts below u!ss. 302 and 201-0n appeal, held: Jn the facts of the case Exception 4 to s. 300 applicable-Hence conviction altered to under s. 304 Part I-Conviction uls 201 upheld s. 300 Exception Words and Phrases-'Sudden fight' and 'undue advantage'-Meaning of in the context of s. 300 Exception 4 of Penal Code, I 860. Accused 1 (appellant) and accused-2 (mother ofaccused-1) were charged E for having caused death of a person (father of accused-1 and husband of accused-2). According to
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