Penal Code, 1860 – s.302; Exceptions to s.300 – Conviction u/s.302, when justified – Appellant convicted u/s.302 – Whether he could be convicted for an offence lesser than one punishable u/s.302:
Held: No – There are no mitigating circumstances on basis whereof the sentence may be reduced by altering the conviction of the appellant for an offence lesser than one punishable u/s.302, IPC – Deceased was inflicted with four knife blows on vital parts of his body, indicative of the accused acting in a cruel manner – Injuries found on his body in ordinary course would have resulted in death – Furthermore, no defense evidence was led; and the statement of the petitioner u/s.313, CrPC was one of denial – There was no statement that the deceased had attacked the appellant or caused any injury or harm to him – On facts, benefit of any of the four Exceptions to s.300, IPC not available to the petitioner. [Paras 5, 7-11]
Penal Code, 1860 – Exceptions to s.300, benefit of – When not available. [Paras 5, 7-11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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