Sunny @ Santosh Dharmu Bhosale Vs State Of Maharashtra 2024 INSC 878 - Ss 302,304 IPC
Indian Penal Code 1860 - Section 302 -304 - Partly allowing appeal filed by accused, SC observed: Medical evidence would show that the injuries caused are with the bamboo stick, which is commonly available in a village. The possibility of the deceased following the appellant and an altercation taking place between them and in a sudden fight in the heat of passion the appellant assaulting the deceased cannot be ruled out - Appellant is entitled to benefit of doubt. The conviction of the appellant under Section 302 IPC, therefore, deserves to be altered to one under Part I of Section 304 IPC.