Supreme Court of India
Suchand Bouri v. State of West Bengal
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From the headnote
Penal Code, 1860: ss.302, 300 thirdly - Murder - Knife blow on chest of deceased, resulting in his death - Day before c incident accused-appellant threatened to behead deceased - Conviction under s.302 by courts below - Plea that case was covered by exception 4 to s.300 - Held: The four requisites of exception 4 to s.300 not existing- It is not a case of sudden fight nor the act was done in a heat of passion - Appellant had a pre-existing malice against deceased - Appellant not entitled to benefit of exception 4 - Act squarely covered by s.300, thirdly - Conviction upheld. Prosecution case
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