Supreme Court of India
A. Maharaja v. State of Tamil Nadu
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From the headnote
Penal Code, 1860: s. 300, Exception 4 - Applicability of- Deceased cutting c trees with a spade and aruval - Sudden fight between accused and deceased - Accused snatched the aruval and assaulted deceased with it- Courts below held accused guilty under s.302· - Accused pleading applicability of Exception 4 of s.300 - Held: On facts, Exception 4 to s.300 applicable - Appropriate conviction would be under s. 304 Part-I and not s.302 - Conviction altered accordingly. Prosecution case was that there· was litigation between the deceased and his son accused which was decided in favour of deceased.
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