Supreme Court of India
Thankachan and Anr. v. State of Kerala
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From the headnote
Penal Code, 1860: c s.300 exception 4, s. 302, ands. 304 Part (1)-Applicability of s.300 exception·4-Held: Is applicable when act is covered without premeditation, in a sudden fight-Besides, offender should not have taken undue advantage or acted in a cruel/unusual manner and fight must have been with the person killed-On facts, sudden fight between the accused and deceased, mutual provocation and blows on each side-On exhortation by one accused, the other stabbing the deceased with knife resulting in his death-Courts below convicting under s. 302 rlw s.34 and imposing life imprisonment-In…
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