Supreme Court · 2004 INSC 580 · Decided 6 October 2004
Sachchey Lal Tiwari v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2004 INSC 580 · [2004] SUPP. 5 S.C.R. 107
- Case number
- CRIMINAL APPEAL No. 270/2001
- Decided
- 6 October 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 300, 302, 34
Headnote
B Penal Code, 1860: s.300, Exception 4-Applicability of-Held, for application of Exception C 4, besides establishing that there was a sudden quarrel and there was no premeditation, it must be shown that offender has not taken undue advantage or acted in a cruel or unusual manner-On facts, the to be followed in such cases is to interfere only when there are compelling and substantial reasons for doing so-On facts, the view taken by High Court in acquitting the accused is a possible view. E·;idence: 'Chance witness '-Evidence of-Held, merely by describing an independent witness
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