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april 2009

Supreme Court of India · 2009-04-09

Posuram Deshmukh vs State Of Chhattisgarh

Citation / case number
AIR 2009 SUPREME COURT 2482
Court
Supreme Court of India
Petitioner
Posuram Deshmukh
Respondent
State Of Chhattisgarh
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 302 read with Section 34 IPC, affirming the findings of the Chhattisgarh High Court. The Court clarified that for invoking Exception 4 to Section 300 IPC, it must be shown that the act was committed in a sudden fight without premeditation and without taking undue advantage. The Court found that the circumstances did not support the appellant's claim of a sudden quarrel, thus maintaining the conviction.

Posuram Deshmukh vs State Of Chhattisgarh · Niyam