Supreme Court of India
State of Orissa v. Khaga @ Khageswar Naik & Ors.
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.
What the Court ordered
In the result, we allow this appeal, set aside that portion of the judgment of the High Court whereby it had altered the conviction of the respondents from Section 302/34 of the IPC G to that of Section 304/34 of the IPC and restore that of the trial court.
Judgment, page 8
From the headnote
Penal Code, 1860: s.302134 and s.300, Exception 4 - Ingredients of - c Explained - Held: Evidence discloses that when the victim abused the accused, two of them brought weapons and lathi and attacked the victim - Thus, the accused had sufficient time to cool down and, therefore, it cannot be said that the crime was committed in a heat of passion - Further, deceased being 0 an old man had merely abused the accused, verbal abuses are not fight - Therefore, this ingredient is also not satisfied - High Court erred in holding the convicts guilty u/s.304 (Part- //) - Judgment of High Court, in so
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