Supreme Court · 2006 INSC 192 · Decided 31 March 2006
SMT. Sandhya Jadhav v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2006 INSC 192 · [2006] 3 S.C.R. 632
- Case number
- CRIMINAL APPEAL No. 368/2006
- Decided
- 31 March 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 323, 34, 300
Headnote
Penal Code, 1860; Ss. 302, 323 r!w Section 34 and 325 rlw Section 34: Murder/Culpable homicide not amounting to murder-Sudden fight­ Single blow-Death--Exception 4 to Section 300-App/icability of-Held: For application of Exception to Section 300, accused has to establish that the act committed and he did not take undue advantage and not D having acted in a cruel or unusual manner-{t cannoi be laid down as a rule of universal application that whenever death occurs on account of single blow. Section 302 IPC is ruled out-However. fact situation has to be considered in each case-In the
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