Supreme Court · 2005 INSC 121 · Decided 4 March 2005
Ravi Kumar v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2005 INSC 121 · [2005] 2 S.C.R. 548
- Case number
- CRIMINAL APPEAL No. 377/2005
- Decided
- 4 March 2005
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 300; CrPC Section 157
Headnote
Penal code: C Section 300, Exception 4-Applicability of-Sudden fight between the accused and deceased-Blow on head resulting in death of deceased-Trial court and High Court convicting accused under Section 302 /PC-Accused pleading applicability of Exception 4 of Section 300--Held: Trial Court and as accused had not taken undue advantage or D acted in cruel or unusual manner-Fight suddenly took place for which both parties were equally to be blamed as there was mutua{ provocation and aggravation and no previous deliberation or .determination to fight. Section 300, Exception 4-Acts done
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