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Supreme Court of India 2020-01-07 partly_allowed

Ananta Kamilya vs State of West Bengal

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Ananta Kamilya was convicted of murder under Section 302 IPC for causing the death of another person with a lathi blow during a quarrel. The Supreme Court partially allowed his appeal, downgrading the conviction to culpable homicide not amounting to murder under Section 304 Part I IPC. The Court found that the incident occurred spontaneously after an altercation, without premeditation or specific intention to kill. Since the accused used an opportunely found weapon in a spur-of-the-moment act without prior intent to cause death, the offence could not constitute murder, warranting the downgrade and a modified sentence.

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