LAW FOR ALL

Sec. 302 , 304 Part I & Sec.300 - Exception 4 - murder - heat of passion - High court reduced the sentence from life to 7 years - Apex court held that Then, can it be said that the crime has been committed in a heat of passion? If time is taken to cool down, then the crime cannot be said to have been committed in a heat of passion. It is the specific case of the prosecution, which in fact, has also been accepted by the High Court that “when her father Tikeswar abused them, the accused Khageswar being annoyed brought a budia from his house, which is nearby, and dealt blows to her father and the accused Dusasan brought a lathi and assaulted her father”. This clearly shows that both the convicts had sufficient time to cool down and therefore, it cannot be said that the crime was committed in a heat of passion.” The above observations fully support the view that the present case falls under Section 302, IPC. Accordingly, we allow this appeal, set aside the judgment of the High Court and restore that of the trial Court = CRIMINAL APPEAL NO. 2051 of 2014 [Arising out of Special Leave Petition (Crl.) No.1235 of 2012] STATE OF M.P. .…APPELLANT VERSUS SHIVSHANKAR ..... RESPONDENT= 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41925