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State vs Anil@Kokki on 28 April, 2026

53. Now it has to be seen that whether the case falls under Section 304 Part I or Section 304 Part II of IPC. The intention to cause death is to be gathered generally from the factors laid down at para no. 16 of citation titled N. Ram Kumar Vs. State represented by Inspector of Police (supra). In the present case the vehicle was gathered from the spot, there was sudden quarrel/fight. There is absence of pre-mediation or prior enmity. Minor injuries were also suffered by the accused and there was grave and sudden provocation which was not first initiated by the accused person. The fight had started in a heat of passion. However the SC No. 27320/2016 FIR No. 597/2014 State Vs. Anil @ Kokki & Ors. Page 58 of 61 accused person had aimed the attack on the vital part of the body of the deceased. They had inflicted several and multiple blows on the deceased and there are about 25 injuries. 16 of which are on the head only. Since one of the exceptions under Section 300 IPC is attracted in the matter therefore now the offence is seen in the light of Section 304 IPC. The offence primarily falls under the category of Section 300(3)/thirdly of IPC.
Delhi District Court Cites 31 - Cited by 0 - Full Document
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