Supreme Court · 2007 INSC 1148 · Decided 13 November 2007
Thankachan and ANR. v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1148 · [2007] 11 S.C.R. 1128
- Case number
- CRIMINAL APPEAL No. 1535/2007
- Decided
- 13 November 2007
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 300, 302
Headnote
Penal Code, 1860: c s.300 exception 4, s. 302, ands. 304 Part (1)-Applicability of s.300 exception·4-Held: Is applicable when act is covered without premeditation, in a sudden fight-Besides, offender should not have taken undue advantage or acted in a cruel/unusual manner and fight must mutual provocation and blows on each side-On exhortation by one accused, the other stabbing the deceased with knife resulting in his death-Courts below convicting under s. 302 rlw s.34 and imposing life imprisonment-In the facts of the case, conviction altered.from s. 302 to s.304 Part
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