Supreme Court of India · 2008-04-29
Kesar Singh & Anr vs State Of Haryana
- Citation / case number
- 2008 AIR SCW 6769
- Court
- Supreme Court of India
- Petitioner
- Kesar Singh & Anr
- Respondent
- State Of Haryana
- Author
- S.B. Sinha
- Bench
- V.S. Sirpurkar, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the appellants were guilty of culpable homicide not amounting to murder under Section 304-I IPC, as the act was not premeditated and occurred in the heat of passion during a sudden fight. The Court affirmed the lower court's finding that the nature of the injury and the circumstances indicated that the appellants acted with knowledge that their actions were likely to cause death, but without the intention to kill. The judgment clarified the distinction between Sections 304-I and 304-II IPC, emphasizing the necessity of establishing intention versus knowledge in determining culpability.