Supreme Court of India
Kashi Prasad v. State of Uttar Pradesh
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From the headnote
Penal Code, 1860; S.302 rlw s. 34, S.323 rlw s. 34 and Exception 4 to s. 300 and s. 304 Part-I: Murder/culpable homicide not amounting to murder - Applicability of Exception 4 to s.300 !PC - Held: There was no enmity between the parties prior to the incident - In the course of quarrel, accused gave blow to the deceased - In the facts and circumstances of the case, the proper conviction would be under s.304 Part I !PC and not under s.302 rlw s. 34 /PC - Custodial sentence altered to 10 years - Directions is- sued. Exceptions 1 and 4 to s. 300 !PC - Distinction between. Words and Phrases:
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