Supreme Court · 1996 INSC 956 · Decided 28 August 1996
Mahesh v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 1996 INSC 956 · [1996] SUPP. 5 S.C.R. 300
- Case number
- CRIMINAL APPEAL No. 303/1993
- Decided
- 28 August 1996
- Bench
- A.S. ANAND, K.T. THOMAS (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 300; CrPC Section 313; Evidence Act Section 27
Headnote
Penal Code, 1860 : Sections 302, 304 (Part-I~a!lsing death of a person by inflicting C pharsa blow 011 the victim-Plea of self defence rejected by trial co!lrt--How­ ever it acqllitted the acC!lsed of the offence under S.302 and held him guilty of an offence under S.304 (Pa1t-l}-On appeal High a sudden qumrel without any premeditation-Inflicted only one blow-Hence Exception-4 to S.300 is clearly attracted and the offence fell D under S.304 (Part-l~onviction by High Cowt set aside and that of tlial cowt restored-However, sentence enhanced to 6 years R.l. and fine of Rs. 1000 instead of 2
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