Supreme Court · 2004 INSC 429 · Decided 9 August 2004
Sridhar Bhuyan v. State of Orissa
- Court
- Supreme Court of India
- Citation
- 2004 INSC 429 · [2004] SUPP. 3 S.C.R. 395
- Case number
- CRIMINAL APPEAL No. 826/2004
- Decided
- 9 August 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 300
Headnote
B Penal Code, 1860 : Sections 302, 304 and 300 Exception 4-Murder-Evidence of eyewitnesses-Plea that offence was result of sudden quarrel and without C premeditation-Conviction by Courts below for murder-On appeal, conviction altered to Section 304 Part I as the case falls under Exception 4 to sufficient to show that there was sudden quarrel and D there was no premeditation, but must be farther shown that offender did not take undue advantage or acted in cruel and unusual manner. Words and Phrases : 'Undue advantage' and 'sudden fight'-Meaning of Appellant-accused was charged for
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)