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Ankush Shivaji Gaikwad vs State Of Maharashtra on 3 May, 2013

15. The law laid down in the aforesaid cases was considered and applied recently by this Court in the case reported in Ankush Shivaji Gaikwad vs. State of Maharashtra, (2013) 6 SCC 770. In this case also, the appellant-accused while passing on the field of the deceased on a spur of moment indulged in heated talk with the deceased which resulted in hitting a blow by the appellantaccused to the deceased with the rod causing death of the deceased. Justice T. S. Thakur, speaking for the Bench, accepted the plea raised by the appellant-accused and accordingly altered the sentence falling under Section 304 Part II IPC by giving him the benefit of Exception 4 of Section 300 IPC. It was held by this Court as under:
Supreme Court of India Cites 53 - Cited by 372 - T S Thakur - Full Document

K. Ravi Kumar vs State Of Karnataka on 28 November, 2014

9. Before we turn to the facts of this case, it is apposite to take note of the principle of law laid down by this Court as to in which circumstances, the accused is held entitled to claim the benefit of Exception 4 to Section 300 IPC thereby is entitled to seek conversion of the offence committed by him from murder to culpable homicide not amounting to murder. Indeed, the principle of law on this issue remains no longer res integra and settled by a series of decisions of this Court. What has varied is its application to every case.
Supreme Court of India Cites 11 - Cited by 66 - A M Sapre - Full Document
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