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Supreme Court of India 2023-03-29 dismissed

BALU SUDAM KHALDE AND ANOTHER vs THE STATE OF MAHARASHTRA

Bench: 2 — Sudhanshu Dhulia, J.B. Pardiwala

In Brief

Two men were convicted of murder under Section 302 read with Section 34 IPC for the death of Abbas Baig during a brawl in Pune on 1 April 2001. The accused inflicted nine blows with a sickle and sword on the unarmed deceased. The High Court upheld the conviction. On appeal, the Supreme Court affirmed the judgment, holding that the eyewitness evidence was reliable and consistent, that the accused had taken undue advantage and acted cruelly by striking a helpless person with multiple blows, and that Exception 4 to Section 300 IPC (for sudden fights without undue advantage) did not apply. The Court dismissed the appeal and ordered the appellants to surrender and serve their life sentences.

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Criminal Law Homicide Eyewitness Evidence Cross-Examination Evidence Act Injured Witness Res Gestae Exception to Murder

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