Shanmugasekar vs State of Tamil Nadu 2024 INSC 504

Indian Penal Code,1860; Section 300 -If there was no intention on the part of the accused to cause bodily injury to the deceased and other injured witnesses, there was no reason for him to go back to his house and bring the weapon. He brought the billhook from his home, obviously to make an assault. It is not the defence of the accused that the deceased was the aggressor. The deceased had come to the spot only to resolve the fight among the family members of the accused. Hence, it cannot be said that there was a sudden and grave provocation due to any act on the part of the deceased. The accused himself started the dispute by questioning the PW-4 on non-payment of the electricity bill. Therefore, the appellant’s case will not fall under Exception 1 or Exception 4 of Section 300 of the IPC. (Para 7)

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