Supreme Court · 2014 INSC 680 · Decided 25 September 2014
Murlidhar Shivram Patekar & ANR. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2014 INSC 680 · [2014] 12 S.C.R. 134
- Case number
- CRIMINAL APPEAL No. 111/2008
- Decided
- 25 September 2014
- Bench
- DIPAK MISRA, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302; Evidence Act
Headnote
Penal Code, 1860 - s. 304 Part II, s. 300 Exception 4 - Murder - Scuffle between accused-husband and wife and the C deceased, resulting in the death of the victim - Complainant and others witness to the incident - Conviction and sentence u/s. 302 - Accused pleading provocation on the part of of evidence, however, order passed by trial court upheld by High Court - On appeal, held: Death of D the victim was homicidal in the light of the evidence produced by prosecution witnesses - There was no premeditation on the part of the accused and the scuffle took place due to sudden
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