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Supreme Court of India 2022-07-12 partly_allowed

Ajmal vs State of Kerala

Bench: 2 — Vikram Nath

In Brief

Three appellants (Biju, Ashique Salam, and Ajmal) were convicted of murder under section 302 IPC for a fatal assault on the deceased George Thomas. The incident arose from a chance encounter following a verbal altercation over vehicle overtaking. The Court held that there was no pre-meditation, common object, or unlawful assembly formed with intent to murder. Weapons (sticks and brick) were picked up during the scuffle, and only single blows were delivered. The Court set aside the murder conviction and converted it to culpable homicide not amounting to murder under section 304 Part-II IPC. Other convictions for wrongful restraint, hurt, and criminal damage were upheld. The appellants were released on time served."

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Criminal Law Homicide Murder vs Culpable Homicide Indian Penal Code Unlawful Assembly Criminal Procedure

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