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1 - 10 of 13 (0.39 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 449 in The Indian Penal Code, 1860 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 8 in The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [Entire Act]
Arjun And Anr. Etc. Etc vs State Of Chhattisgarh on 14 February, 2017
14. Reverting to the facts of the present case, in light of the
aforesaid principles of law laid down by their Lordships of
the Supreme Court, it is quite vivid that there was no
premeditation on the part of the appellants to cause death. It
is also vivid from the statements of Tebha Bai (PW-8) and
Deepak Bhoi (PW-5) that there was a dispute regarding the
boundary of their courtyard. On the date of incident also,
there was a hot talk on the said issue between appellants
and the deceased party and on the spur of moment and in a
heat of passion, the appellants assaulted deceased
Ramcharan Bhoi with stick and brick which resulted in his
death. Though there was no premeditation and intention on
the part of appellant to cause death, but the appellant must
have had knowledge that the injury caused by them is likely
to cause death and, as such, the case of appellant No.1
would fall under Exception 4 to Section 300 of I.P.C.
Surinder Kumar vs Union Territory, Chandigarh on 8 March, 1989
"20. To invoke this Exception 4, the requirements
that are to be fulfilled have been laid down by this
Court in Surinder Kumar v. UT, Chandigarh
[(1989) 2 SCC 217 : 1989 SCC (Cri) 348], it has
been explained as under :(SCC p. 220, para 7)
"7. To invoke this exception four requirements
must be satisfied, namely, (i) it was a sudden
fight; (ii) there was no premeditation; (iii) the act
was done in a heat of passion; and (iv) the
assailant had not taken any undue advantage or
acted in a cruel manner. The cause of the quarrel
is not relevant nor is it relevant who offered the
provocation or started the assault. The number of
wounds caused during the occurrence is not a
decisive factor but what is important is that the
occurrence must have been sudden and
unpremeditated and the offender must have acted