RAMESH LAXMAN PARDESHI versus STATE OF MAHARASHTRA

RAMESH LAXMAN PARDESHI versus STATE OF MAHARASHTRA

The conviction under IPC s. 302 is reduced to s. 304 Part I because the fatal injury was inflicted in the heat of passion upon grave and sudden provocation, without premeditation or intention to cause death.

Parties
Appellant: Ramesh Laxman Pardeshi; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
10 April 1987
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Affirming Conviction
Outcome
Appeal allowed; conviction altered from IPC s. 302 to s. 304 Part I; sentence reduced to period already undergone.
Legal Topics
Indian Penal Code Section 302, Indian Penal Code Section 304 Part I, Provocation, Right of Private Defence
Criminal Law Indian Penal Code Section 302 Indian Penal Code Section 304 Part I Provocation Right of Private Defence

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Parties

Ramesh Laxman Pardeshi

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Affirming Conviction

Legal Issues

  1. 1 Whether the accused acted under grave and sudden provocation
  2. 2 Whether intention to cause death can be attributed to the accused
  3. 3 Whether the case falls under IPC s. 302 or s. 304 Part I

Ratio Decidendi

The conviction under IPC s. 302 is reduced to s. 304 Part I because the fatal injury was inflicted in the heat of passion upon grave and sudden provocation, without premeditation or intention to cause death.

Court Disposition

Appeal allowed; conviction altered from IPC s. 302 to s. 304 Part I; sentence reduced to period already undergone.

Orders

  • If the appellant is in custody, he shall be set at liberty forthwith.