Supreme Court · 2008 INSC 292 · Decided 4 March 2008
Trimbak v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 292 · [2008] 3 S.C.R. 804
- Case number
- CRIMINAL APPEAL No. 438/2008
- Decided
- 4 March 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 300, 302, 324, 307
Headnote
Penal Code, 1860: s.300 Exception 4, s.302 and s.304 Part I- Sudden fight C between accused and deceased - Accused assaulted deceased with axe lying nearby- Wife of deceased intervened and she was a/so given blow with axe on head - Courts below held accused guilty under ss. 302 and 324 -Accused - Held: Considering D factual background, appropriate conviction would be under s. 304 Part-I and not under s. 302 - Conviction altered accordingly. s.302-App/icability of, when single blow given - Held: It E is not rule of universal application that whenever one blow is given, s. 302 is ruled
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