THE STATE OF PUNJAB versus SARWAN SINGH

THE STATE OF PUNJAB versus SARWAN SINGH

The respondent inflicted four heavy blows on the head with a gandasa in a group fight, demonstrating knowledge that the injuries would cause death and that he took undue advantage and acted in a cruel manner. Exception 4 to Section 300 IPC does not apply; thus, the offence is murder under Section 302 IPC.

Parties
Appellant: State of Punjab; Respondent: Sarwan Singh
Jurisdiction
India
Judgment Date
19 November 1996
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Murder, Culpable Homicide, Indian Penal Code Section 300 Exception 4
Criminal Law Murder Culpable Homicide Indian Penal Code Section 300 Exception 4

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Parties

State of Punjab

Appellant

Sarwan Singh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Punjab & Haryana High Court

Legal Issues

  1. 1 Whether the respondent's act falls under Exception 4 to Section 300 IPC or constitutes murder under Section 302 IPC

Ratio Decidendi

The respondent inflicted four heavy blows on the head with a gandasa in a group fight, demonstrating knowledge that the injuries would cause death and that he took undue advantage and acted in a cruel manner. Exception 4 to Section 300 IPC does not apply; thus, the offence is murder under Section 302 IPC.

Court Disposition

Appeal allowed

Orders

  • Conviction under Section 304 IPC set aside
  • Respondent convicted under Section 302 IPC