Penal Code, 1860 — S. 304 Pt. II and S. 300 Exceptions 2 and 4

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In this case of culpable homicide not amounting to murder, there was no pre-meditation or pre-planning and incident was result of sudden quarrel in which accused exercised his right of private defense, but exceeded the limit. Para 14. Hence, while confirming conviction under S. 304 Pt. II, sentence modified to 2 yrs’ RI with fine of Rs 5000 and default stipulation of 3 months’ RI.

[Govindan v. State, (2022) 3 SCC 82]

Related posts:

  1. Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia:
  2. Penal Code, 1860 — S. 364-A — Kidnapping for ransom — Necessity to prove each and every ingredient prescribed in S. 364-A
  3. Penal Code, 1860 — S. 302 — Circumstantial evidence in Murder trial —
  4. Penal Code, 1860 — S. 34 — Requirements for Conviction with aid of S. 34

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