Murder Trial | Exception 4 To Section 300 IPC Not Applicable If Accused Took “Undue Advantage” Of Situation: Supreme Court

Case: Anil Kumar v. State of Kerala

Coram: Justices Abhay s Oka and Pankaj Mithal

Case No.: CRIMINAL APPEAL NO.2697 OF 2023

Court Observation: The exception clearly in unequivocal term states that it would be applicable where culpable homicide is committed not only without premeditated mind in a sudden fight or quarrel but also without the offender taking “undue advantage” of the situation.  In the instant case, the appellant upon seeing the deceased drenched in kerosene clearly took advantage of the situation and lighted a matchstick and threw it upon her so that she can be burnt. The appellant having taken “undue advantage” of the situation cannot be extended the benefit of Exception 4 to Section 300 IPC so as to bring the case within the ambit of Part­II of 304 IPC.

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Keywords

Murder Trial, Section 300 IPC