Supreme Court · 2007 INSC 15 · Decided 8 January 2007

Ramkishan S/O. Madhav Shelke v. The State of Maharashtra

Court
Supreme Court of India
Citation
2007 INSC 15 · [2007] 1 S.C.R. 217
Case number
CRIMINAL APPEAL No. 21/2007
Decided
8 January 2007
Bench
ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 34, 300

Headnote

B Penal Code, 1860 : _, S. 300, Exception 4, and s.304(part-l)-Sudden quarrel-Accused giving single axe blow on head of his opponent-Victim succumbing to c injury-Held, assault undisputedly given in course of sudden quarrel, without pre-meditation and without accused taking any undue advantage- would suffice. Appellant did his two sons were prosecuted for an offence punishable D under s. 302/34 IPC. The prosecution case was that the victim along with " his wife and two sons was living in a hut on the bank of river Godavari and .... was growing watermelong in the alluvial land

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