Supreme Court · 2013 INSC 558 · Decided 23 August 2013
State of Orissa v. Khaga @ Khageswar Naik & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 558 · [2013] 9 S.C.R. 249
- Case number
- CRIMINAL APPEAL No. 1249/2013
- Decided
- 23 August 2013
- Bench
- RAJENDRA MAL LODHA, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 302, 300, 304
Headnote
Penal Code, 1860: A B s.302134 and s.300, Exception 4 - Ingredients of - c Explained - Held: Evidence discloses that when the victim abused the accused, two of them brought weapons and lathi and attacked the victim - Thus, the accused had sufficient time to cool down and, therefore, it cannot be in a heat of passion - Further, deceased being 0 an old man had merely abused the accused, verbal abuses are not fight - Therefore, this ingredient is also not satisfied - High Court erred in holding the convicts guilty u/s.304 (Part- //) - Judgment of High Court, in so far as it altered
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