Supreme Court · 2013 INSC 572 · Decided 27 August 2013

Chenda @ Chanda Ram v. State of Chhatisgarh

Court
Supreme Court of India
Citation
2013 INSC 572 · [2013] 17 S.C.R. 327
Case number
CRIMINAL APPEAL No. 1285/2013
Decided
27 August 2013
Bench
C.K. PRASAD, KURIAN JOSEPH (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 300, 302, 304

Headnote

Penal Code, 1860 - ss.300 Exception 4 and 304 (Part A B 8) - Prosecution under s.302 - Conviction by courts below - c Held: The evidence shows that there was no previous enmity between the parties - There was also no premeditation and it was a case of sudden fight and a result of immediate in the course of a scuffle between two persons - The accused also did not take D advar;tage of the situation or behave in a cruel and unusual manner - Hence, the case is covered under Exception 4 to s.300 - In view of the facts the case would fall uls. 304 (Part II) - Punishment of the accused

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