SURINDER KUMAR versus UNION TERRITORY, CHANDIGARH

SURINDER KUMAR versus UNION TERRITORY, CHANDIGARH

Appellant acted in the heat of passion during a sudden quarrel, without premeditation, did not act in a cruel manner merely because three injuries were caused; thus Exception 4 to Section 300 IPC applies and conviction must be under Section 304 Part I, IPC.

Parties
Appellant: Surinder Kumar; Respondent: Union Territory, Chandigarh
Jurisdiction
India
Judgment Date
08 March 1989
Procedural Posture
Criminal Appeal / Appeal by Special Leave Against Conviction Affirmed by High Court
Outcome
Appeal partly allowed
Legal Topics
Indian Penal Code Section 300 Exception 4, Sudden Quarrel, Culpable Homicide, Benefit of Exception to Murder
Criminal Law Indian Penal Code Section 300 Exception 4 Sudden Quarrel Culpable Homicide Benefit of Exception to Murder

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Parties

Surinder Kumar

Appellant

Union Territory, Chandigarh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Against Conviction Affirmed by High Court

Legal Issues

  1. 1 Whether Exception 4 to Section 300 of the Indian Penal Code applies reducing offence from murder (Section 302) to culpable homicide not amounting to murder (Section 304 Part I)

Ratio Decidendi

Appellant acted in the heat of passion during a sudden quarrel, without premeditation, did not act in a cruel manner merely because three injuries were caused; thus Exception 4 to Section 300 IPC applies and conviction must be under Section 304 Part I, IPC.

Court Disposition

Appeal partly allowed

Orders

  • Conviction under Section 302 IPC set aside
  • Appellant convicted under Section 304 Part I IPC