Supreme Court · 2006 INSC 916 · Decided 27 November 2006
Naveen Chandra v. State of Uttranchal
- Court
- Supreme Court of India
- Citation
- 2006 INSC 916 · [2006] SUPP. 9 S.C.R. 668
- Case number
- CIVIL APPEAL No. 1224/2006
- Decided
- 27 November 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 34, 96to105, 300; CrPC Section 366; Evidence Act Section 105
Headnote
Penal Code, 1860; Ss. 34, Exception I and 4 to Section 300 and Section 304 Part I: C Murder-Accused and deceased are relatives-Rivarly between them- Provocation-Deceased injured and later succumbed to injuries-Right to self defence and Exception 4 to Section 300-Applicability of-Trial Court found rlw s. 34 !PC and awarded death sentence-High Court D altering death sentence into life imprisonment as against accused-appellant, acquitting other two accused persons-On appeal, Held: A quarrel sudden or not, must necessarily depend upon proved facts of each case-For claiming application of
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