R.JAYAPAL V. THE STATE OF TAMIL NADU

SC-Altering the conviction of the appellant under Section 302 IPC to the one under Part-I of Sec. 304 IPC, the Hon’ble SC held that the act of the appellant leading to the death was with the intention of causing such bodily injury as is likely to cause death. It extended the benefit of Exception 4 of Sec. 300 IPC to the appellant as the incident in question took place without any premeditation, in a sudden fight in the heat of passion upon a sudden quarrel, when the deceased attempted entry into his house; and the appellant did neither take any undue advantage nor acted in a cruel or unusual manner.-Hon'ble Justices Abhay Manohar Sapre and Dinesh Maheshwari [09-08-2019]
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