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Sukhbir Singh vs State Of Haryana on 20 February, 2002

30. The next question is whether the accused acted in a cruel or unusual manner. For the offence to fall under Section 300 IPC, the ingredients of Section 300 IPC will have to be satisfied. Fatal injuries must have been inflicted before a case falls within the sweep of Section 300 IPC. Merely because serious injuries are inflicted, it cannot be lightly concluded that Crl.Appeal No.668/06 -27- the offender had acted in a cruel or unusual manner. Every act which causes death and which falls under Section 300 IPC can in one sense of the term be described to be cruel or unusual. Obviously, the expression 'cruel or unusual manner' is not used in that very ordinary sense in Exception 4. Precedents have been cited before us to show that the benefit of Exception 4 has been conceded to the accused notwithstanding the infliction of serious injuries on the accused. The learned counsel for the appellant relies on paragraph 19 of the decision in Sukhbir Singh (supra) to contend that the fact that the injuries suffered were fatal injuries is not sufficient to exclude the application of Exception 4. We extract paragraph 19 below:
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