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Supreme Court of India 2018-10-23 allowed

Bhagirath vs State of Madhya Pradesh

Bench: 2 — R. Banumathi

In Brief

The appellant Bhagirath was convicted of murder (Section 302 IPC) for causing the death of Bherulal in an armed altercation on 19 August 2005. The High Court affirmed his life sentence. On appeal, the Supreme Court modified the conviction to culpable homicide not amounting to murder (Section 304 Part-I IPC) based on the fourth exception to Section 300 IPC. The Court found the incident was a sudden fight without premeditation, with only a single farsi blow inflicted. The injured eyewitness testimony, supported by his own injuries, was credible. As no undue advantage was taken, the Court reduced the sentence to time already served.

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Criminal Law Murder and Culpable Homicide Indian Penal Code Eyewitness Evidence Exceptions to Murder Sentencing

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