Supreme Court · 2009 INSC 474 · Decided 9 April 2009
Suchand Bouri v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2009 INSC 474 · [2009] 5 S.C.R. 796
- Case number
- CRIMINAL APPEAL No. 460/2008
- Decided
- 9 April 2009
- Bench
- S.B. SINHA, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 300, 304
Headnote
Penal Code, 1860: ss.302, 300 thirdly - Murder - Knife blow on chest of deceased, resulting in his death - Day before c incident accused-appellant threatened to behead deceased - Conviction under s.302 by courts below - Plea that case was covered by exception 4 to s.300 - Held: The four requisites a case of sudden fight nor the act was done in a heat of passion - D Appellant had a pre-existing malice against deceased - Appellant not entitled to benefit of exception 4 - Act squarely covered by s.300, thirdly - Conviction upheld. Prosecution case was tllat there was quarrel E between
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