Supreme Court of India
Atul Thakur v. State of Himachal Pradesh Etc. Etc.
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 opinion that neither the factum of use of knife by the appellant during the assault nor the multiple blows (six) given by the appellant can be the sole basis to deny the appellant of the benefit available under Exception 4 to Section 300 of IPC. The Court is obliged to take an overall view of the matter on the basis of the established facts.
Judgment, page 10
From the headnote
Penal Code, 1860 – s.302 – Assault r esulting in death – Prosecution case was that the appellant caused six injuries to deceased by attacking him with a knife on the fateful night in the presence of their friends who had gather ed at the house of accused no.2 for celebrating a drink party arranged at the behest of the deceased – Deceased succumbed to the injuries caused by the appellant – Conviction by trial court under s.304 Part II – High Court convicted appellant-accused under s.302 – On appeal, held: Evidence on r ecor d pr oved sudden physical fight between the appellant and the
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