Supreme Court of India · 2004-08-09
Parkash Chand vs State Of H.P
- Citation / case number
- AIR 2004 SUPREME COURT 4496
- Court
- Supreme Court of India
- Petitioner
- Parkash Chand
- Respondent
- State Of H.P
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 302 IPC for the fratricide of his younger brother, rejecting the claim that the incident occurred during a sudden quarrel under Exception 4 to Section 300 IPC. The Court emphasized that for Exception 4 to apply, there must be mutual provocation and a lack of premeditation, which was not established in this case. The Court affirmed the lower courts' findings, concluding that the appellant acted with intent to kill, resulting in a life sentence.