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Supreme Court of India 2019-11-08 allowed

AWADHESH KUMAR vs THE STATE OF UTTAR PRADESH

Bench: 3 — Arun Mishra, M.R. Shah, S. Ravindra Bhat

In Brief

A man fired a country-made firearm at a woman following a verbal altercation, causing her death. The High Court had reduced his conviction from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC), finding the act unplanned and done in sudden passion. The Supreme Court allowed the original complainant's appeal, holding that Exception 4 to Section 300 IPC—which protects acts done in heat of passion during mutual provocation and fight—does not apply when the victim is unarmed and the offender uses a weapon from close range, thereby committing murder. The Court restored the conviction under Section 302 IPC.

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Criminal Law Homicide Murder Exceptions to Section 300 IPC Culpable Homicide Intention Provocation

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