AIR 1999 SUPREME COURT 3338 ::2000 SCC (Cri) 178 ::2000 (1) SCC 319

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): K. Venkataswami, S. S. M. Quadri , JJ

(A) Penal Code (45 of 1860) , S.300 Exception 4— Applicability - Accused asked deceased to come to particular place to receive the watch - At that place three associates of accused caught hold of deceased and accused gave a single fatal blow on chest with knife - Total depth of wound was 19 cm. - Said blow cannot be said to be inflicted without premeditation - Thus it cannot be said that accused has not taken undue advantage or not acted in cruel or unusual manner - Exception 4 to S. 300 would not be attracted in facts and circumstances. (Para 8) (B) Penal Code (45 of 1860) , S.302— Recording of conviction under - Theory of single blow - It cannot be said that in all cases of single blow S. 302 is not attracted - Single blow in some cases may entail conviction under S. 302, in some cases under S. 304, I.P.C. and in some other cases S. 326, I.P.C. - It is to be determined in facts and circumstances of each case. There is no principle that in all cases of single blow S. 302, I.P.C. is not attracted. Single blow may, in some cases, entail conviction under S. 302, I.P.C., in some cases under S. 304, I.P.C. and in some other cases under S. 326, I.P.C. @page-SC3339 The question with regard to the nature of offence has to be d....