Supreme Court of India · 2008-11-26
Samsuddin Sheikh vs State Of Goa
- Court
- Supreme Court of India
- Petitioner
- Samsuddin Sheikh
- Respondent
- State Of Goa
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Mukundakam Sharma
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 302 read with Section 34 IPC for the murder of Shashikant Kawade, affirming that the act was not committed in a sudden quarrel as claimed by the defense. The Court clarified that for Exception 4 of Section 300 IPC to apply, it must be shown that the act was done without premeditation and in the heat of passion, which was not established in this case. The appeal was dismissed, confirming the High Court's decision and the trial court's findings.