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Supreme Court of India 2019-04-01 partly_allowed

Mani vs State of Kerala and Others

Bench: 2 — Hemant Gupta

In Brief

A stabbing incident occurred during a sudden confrontation between BJP and CPM political groups near a school. The appellant Mani fatally stabbed Soman with a knife. The trial court convicted Mani under Section 302 IPC (murder) while acquitting co-accused under the same section. The Supreme Court held the death constituted culpable homicide not amounting to murder under Section 304 Part I (Exception 4 to Section 300), as it occurred in heat of passion upon sudden quarrel without premeditation. There was no evidence of common intention among the accused. The Court commuted the sentence to time already served while maintaining the fine. Criminal Appeal No. 540 was partly allowed; Criminal Appeal No. 541 (by State) was dismissed.

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Criminal Law Homicide Murder vs. Culpable Homicide Common Intention Private Defence Exception 4 Section 300 Sudden Fight Political Violence

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