Supreme Court of India

Chenda @ Chanda Ram v. State of Chhatisgarh

Neutral citation
Reported as [2013] 17 S.C.R. 327
Bench Chandramauli Kr. Prasad and Kurian Joseph JJ.
Decided 27 August 2013

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

We are of the view that it is a fit case to alter the punishment of imprisonment for life to imprisonment for a period of 1 O years with fine of Rs.50,000/-. Ordered accordingly.

Judgment, page 18

From the headnote

Penal Code, 1860 - ss.300 Exception 4 and 304 (Part 8) - Prosecution under s.302 - Conviction by courts below - c Held: The evidence shows that there was no previous enmity between the parties - There was also no premeditation and it was a case of sudden fight and a result of immediate provocation - The fatal blow was in the course of a scuffle between two persons - The accused also did not take advar;tage of the situation or behave in a cruel and unusual manner - Hence, the case is covered under Exception 4 to s.300 - In view of the facts the case would fall uls. 304 (Part II) - Punishment

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