S.302 and S.304, IPC : Supreme Court Explains A Crucial Legal Aspect

S.302 and S.304, IPC : Supreme Court Explains A Crucial Legal Aspect 

An important Judgment has been passed by Hon'ble Supreme Court on 25 August 2009 which dealt with S.302 and S.304 of IPC.

In Gurmukh Singh Vs. State of Haryana, 2009 (15) SCC 635, while discussing the question as to whether the offence therein fell under S.302 of IPC or S.304, IPC, has identified four ingredients which need to be fulfilled for invoking the said exception which are that death should be caused (a) without premeditation, (b) in a sudden fight; (c) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed.

In cases of single injury, the facts and circumstances of each case has to be taken into consideration before arriving at the conclusion whether the accused should be appropriately convicted under section 302 IPC or under section 304 Part II IPC. 

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 25 August 2009.

Written by 

Vishal

Delhi

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