Supreme Court of India

Gurmukh Singh v. State of Haryana

Neutral citation
Reported as [2009] 13 S.C.R. 548
Bench Dalveer Bhandari and Dr. Mukundakam Sharma JJ.
Decided 25 August 2009

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

We are of the view that the conviction of A-1 also cannot fall under Section 34 IPC but at the most under Section 304 Part II. We accordingly convert the sentence of A-1 Abani K. Debnath under Section 34 IPC to that one under Section 304 Part II IPC and sentence him to suffer R.I. for five years.

Judgment, page 10

From the headnote

Penal Code, 1860 - ss. 302 and 304 (Part-II) - Murder c or culpable homicide not amounting to murder - Punishment for - Accused inflicting single fatal blow on the head of deceased - Conviction and sentence u/s. 302 by courts below - Justification of - Held: Occurrence took place at the spur of the moment - Other co-accused did not indulge in any overt act - No intention or pre-meditation in mind of accused to inflict such injuries to deceased as were likely to cause -t death in ordinary course of nature - Thus, conviction and sentence of accused converted from s. 302 to s. 304 (Part II) and

Where later benches applied it

Of those, 2 relied on · 2 referred to

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