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Supreme Court of India 2020-01-07 partly_allowed

ANANTA KAMILYA vs THE STATE OF WEST BENGAL

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

The appellant was convicted of murder under Section 302 IPC for causing a fatal head injury with a lathi blow during a quarrel. The Supreme Court partly allowed the appeal and reduced the conviction to culpable homicide not amounting to murder under Section 304 Part I IPC with 10 years imprisonment. The Court held that since the blow was inflicted on the spur of the moment during a quarrel without premeditation or intention to cause the fatal injury, Exception 4 to Section 300 IPC applied, making it culpable homicide rather than murder.

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Criminal Law Homicide Indian Penal Code Murder vs Culpable Homicide Intention and Mens Rea

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