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november 2007

Supreme Court of India · 2007-11-02

Muthu vs State By Inspector Of Police, Tamil Nadu

Citation / case number
AIR 2008 SUPREME COURT 1
Court
Supreme Court of India
Petitioner
Muthu
Respondent
State By Inspector Of Police, Tamil Nadu
Author
Markandey Katju
Bench
A.K. Mathur, Markandey Katju

Judgment text excerpt

The Supreme Court held that the appellant's act of stabbing the deceased was committed under grave and sudden provocation, falling under Exception I to Section 300 IPC, which states that culpable homicide is not murder if the offender is deprived of self-control. The Court found that the accused had no prior intention to kill, as he picked up the knife during the altercation, thus reducing the charge from Section 302 IPC to Section 304 IPC. The conviction under Section 302 IPC was overturned, and the case was remanded for sentencing under Section 304 IPC.

Muthu vs State By Inspector Of Police, Tamil Nadu · Niyam