Supreme Court · 2008 INSC 821 · Decided 14 July 2008
Shaikh Azim @ Vakil @ Kuku v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 821 · [2008] 10 S.C.R. 916
- Case number
- CRIMINAL APPEAL No. 868/2007
- Decided
- 14 July 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 325, 300
Headnote
Penal Code, 1860: s. 304 (Part /) - Relations between family of deceased C and that of Appellant strained - Hot exchange of words be­ tween parties - Appellant assaulted deceased - Gave stick blow on head - Bleeding injury leading to death - Conviction by Courts below u/s.302 - On appeal, of the case, appropriate conviction would be u/ D s. 304 Part I - Custodial sentence of 10 years. s. 300, Exception IV - App/lcability of - Held: For appli­ cation of Exception 4, it is not sufficient to show that there was a sudden quarrel and that there was no premeditation - It
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