Supreme Court of India
Trimbak v. State of Maharashtra
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From the headnote
Penal Code, 1860: s.300 Exception 4, s.302 and s.304 Part I- Sudden fight between accused and deceased - Accused assaulted deceased with axe lying nearby- Wife of deceased intervened and she was a/so given blow with axe on head - Courts below held accused guilty under ss. 302 and 324 -Accused pleading applicability of Exception 4 of s.300 - Held: Considering factual background, appropriate conviction would be under s. 304 Part-I and not under s. 302 - Conviction altered accordingly. s.302-App/icability of, when single blow given - Held: It is not rule of universal application that whenever
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