AIR 1980 SUPREME COURT 448 ::1980 UJ (SC) 121 ::1980 SCC(Cri) 313 ::(1980) Sim LC 93 ::1980 CriLR(SC MAH GUJ) 75 ::1980 (1) SCC 680

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): S. Murtaza Fazal Ali, P. S. Kailasam, Anand Dev Koshal , JJJ

Penal Code (45 of 1860) , S.302, S.300 Exception 1, S.304 Part I— Murder or culpable homicide - Infliction of stab injuries without provocation - Conviction under Sec. 302 and not under Sec. 304, Part I is proper. Where during a quarrel between the accused and his father, the deceased intervened and pushed aside the accused and thereafter, the accused brought a knife from his room and inflicted fatal injuries on the deceased. @page-SC449 Held, that the accused could be convicted under S. 302 and not under S. 304 Part I of the Code.(Para 2) In the instant case there was no question of any sudden and grave provocation at all. It was a cruel act and the accused took undue advantage of the situation because instead of keeping quiet he went to the room and brought a knife in order to cause the death of the deceased who was an innocent intervener.(Para 2) .....