Supreme Court of India

Babulal Bhagwan Khandare and Anr. v. State of Maharashtra

Neutral citation
Reported as [2004] SUPP. 6 S.C.R. 633
Bench Arijit Pasayat and S.H. Kapadia JJ.
Decided 2 December 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid factual position, Exception 4 to Section 300 l.P.C. has been rightly held to be inapplicable.

Judgment, page 11

From the headnote

Penal Code, 1860; Ss. 34, 96 to 105, Exception 4 to Section 300 and Section 302: · Murder of three persons-Right of private defence-Applicability of- Held: Notwithstanding origin of sudden quarrel by way of provocation or striking blow by one party on another, yet their subsequent conduct may put both the parties on equal footing in ~espect of guilt-Exception 4 to · Section 300 could be applied provided offender not allowed to take undue advantage/acted in cruel manner-However, in the facts and circumstances of the case Courts below rightly held that Exception 4 to Section 300 inapplicable-If

Where later benches applied it

Of those, 1 relied on · 1 referred to · 2 mentioned

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