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Supreme Court of India 2018-01-19 partly_allowed

Atul Thakur vs State of Himachal Pradesh etc. etc

Bench: 3 — A.M. Khanwilkar

In Brief

The appellant was convicted of stabbing a friend to death during a drink party, causing six knife injuries. The High Court had convicted him of murder (Section 302 IPC), but the Supreme Court partly allowed his appeal. While upholding that he caused the homicidal death, the Court held that Exception 4 to Section 300 IPC applied: the fight was sudden, unprovoked, and in heat of passion without premeditation. The Court downgraded the conviction to culpable homicide not amounting to murder (Section 304 Part-II IPC), enhanced the sentence to 10 years rigorous imprisonment with fine, and affirmed the acquittals of the three co-accused.

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