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Supreme Court of India 2019-11-08 allowed

Awadhesh Kumar vs State of U.P. & Anr

Bench: 3 — <UNKNOWN>

In Brief

The Supreme Court reversed the High Court's partial acquittal of a man convicted of murder. The High Court had reduced the conviction from murder (Section 302 IPC) to culpable homicide (Section 304 Part I IPC), applying an exception for crimes without premeditation. The Court found this error: observations the trial judge made regarding another accused's common intention could not benefit the main accused, who conclusively fired the fatal shot from close range. This gun-shot at close quarters negated any claim of impulsive action. The original murder conviction was restored, and the appellant must surrender within three months."

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Criminal Law Homicide Sentencing Evidence Intention Exception 4 IPC

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