Supreme Court · 2007 INSC 901 · Decided 7 September 2007
Kulesh Mondal v. The State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2007 INSC 901 · [2007] 9 S.C.R. 799
- Case number
- CRIMINAL APPEAL No. 1172/2007
- Decided
- 7 September 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 300
Headnote
A v. THE STA TE OF WEST BENGAL SEPTEMBER 7, 2007 [DR. ARIJIT PASAY AT AND D.K.JAIN,JJ.) B Penal Code, I 860: s.300, Exception 4-Applicability of- Held: For application of Exception 4, it is not sz!fficient to show that ther<? was a sudden quarrel af!d there was C no premeditation-It must in course of sudden fight-Courts below convicted accused under s.302-0n facts, held: Exception 4 to s.300 is applicable- D Offence relatable to s.304 Part I and not s.302. s.300, Exception I and 4-Distinction between-Explained. Evidence: Evidence of close relative-Cannot be rejected on the sole
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