Supreme Court · 2010 INSC 250 · Decided 28 April 2010
Vijender Kumar @ Vijay v. State of Delhi
- Court
- Supreme Court of India
- Citation
- 2010 INSC 250 · [2010] 5 S.C.R. 368
- Case number
- CRIMINAL APPEAL No. 2093/2009
- Decided
- 28 April 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 307, 302, 300
Headnote
Penal Code, 1860: c ss. 302 and s. 3_00, Exception 4 - Son of a bus operator, suspecting that the helper, a young boy, misappropriated a part of the bus fare, taking out a knife from his scooter and stabbing the boy on the abdomen - Victim died in hospital the same day - Conviction by trial court Court - HELD: The facts do not justify applicability of Exception 4 to s. 300 - Admittedly, there was no pre­ meditation in the incident - The requirement of a sudden fight is however missing - The facts show that there was no sudden quarrel and it was a unilateral act on the part of the
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