Supreme Court · 2008 INSC 834 · Decided 16 July 2008
Kashi Prasad v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 834 · [2008] 10 S.C.R. 1090
- Case number
- CRIMINAL APPEAL No. 111/2003
- Decided
- 16 July 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM, MUKUNDAKAM SHARMA (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 300, 1
Headnote
Penal Code, 1860; S.302 rlw s. 34, S.323 rlw s. 34 and Exception 4 to s. 300 and s. 304 Part-I: Murder/culpable homicide not amounting to murder - Applicability of Exception 4 to s.300 !PC - Held: There was no enmity between the parties prior to the incident - of quarrel, accused gave blow to the deceased - In the facts and circumstances of the case, the proper conviction would be under s.304 Part I !PC and not under s.302 rlw s. 34 /PC - Custodial sentence altered to 10 years - Directions is- sued. Exceptions 1 and 4 to s. 300 !PC - Distinction
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