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.