Supreme Court of India
Murlidhar Shivram Patekar & Anr. v. State of Maharashtra
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From the headnote
Penal Code, 1860 - s. 304 Part II, s. 300 Exception 4 - Murder - Scuffle between accused-husband and wife and the deceased, resulting in the death of the victim - Complainant and others witness to the incident - Conviction and sentence u/s. 302 - Accused pleading provocation on the part of the deceased and lack of evidence, however, order passed by trial court upheld by High Court - On appeal, held: Death of the victim was homicidal in the light of the evidence produced by prosecution witnesses - There was no premeditation on the part of the accused and the scuffle took place due to sudden
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