Supreme Court · 2004 INSC 428 · Decided 9 August 2004
Prakash Chand v. State of H.P.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 428 · [2004] SUPP. 3 S.C.R. 389
- Case number
- CRIMINAL APPEAL No. 830/2004
- Decided
- 9 August 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 300
Headnote
B Penal Code, 1860 : Exceptions I, 2 & 3 to Sections 300, 302 and 304 Part I : Accused committed fratricide-Exception 4 to Section JOO-Applica- c bility of-Trial Court convicted the accused under Section 302 and sentenced him to life imprisonment-Affirmed by High Court-On appeal, Held: by Exception I-Quarrel D whether sudden or not must necessarily depend upon the proved facts of the case-When accused in a sudden quarrel committed homicide without premeditation and has not taken undue advantage/acted in a cruel manner, Exception 4 become applicable-In the facts and
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)