SUKHDEV versus STATE OF PUNJAB

SUKHDEV versus STATE OF PUNJAB

Exception 4 to Section 300 IPC does not apply as the accused took undue advantage; conviction under Section 302 IPC is justified based on credible evidence of injured witnesses and facts established.

Parties
Appellant: Sukhdev; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
21 June 2007
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Murder, Assault, Evidence, Exception 4 to Section 300 IPC
Criminal Law Murder Assault Evidence Exception 4 to Section 300 IPC

Case Brief

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Parties

Sukhdev

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether conviction under Section 302 IPC was justified
  2. 2 Whether Exception 4 to Section 300 IPC applies

Ratio Decidendi

Exception 4 to Section 300 IPC does not apply as the accused took undue advantage; conviction under Section 302 IPC is justified based on credible evidence of injured witnesses and facts established.

Court Disposition

Appeal dismissed

Orders

  • Accused to surrender to custody to serve remainder of sentence