Supreme Court · 2009 INSC 475 · Decided 9 April 2009
Posuram Deshmukh v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 475 · [2009] 5 S.C.R. 807
- Case number
- CRIMINAL APPEAL No. 697/2009
- Decided
- 9 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 300
Headnote
Penal Code, 1860: c s. 304, Part I - Sudden quarrel - Armed assault causing death - Conviction uls.302 by trial court - Upheld by High Court - Propriety of - Held: Not proper - Conviction altered to uls.304 Part I with custodialsentence of 10 years. s.300, Exception 4 - Applicability of,· similarities with Exception 1 - Discussed. Words and Phrases - 'sudden fight', 'undue advantage' and 'unfair advantage' - Meaning of. According to the prosecution, PW 1 and her father- E in-law were in their agricultural field trying to block the course of water when accused-appellant alongwith a
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