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.