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Supreme Court of India 2018-08-01 partly_allowed

Deepak vs State of Uttar Pradesh (Now Uttarakhand)

Bench: 3 — Navin Sinha

In Brief

A man was convicted of murder (Section 302 IPC) after being acquitted at trial, based on evidence that he struck another man with a sword following a dispute over loud music. The Supreme Court reduced the conviction to culpable homicide not amounting to murder (Section 304 Part-II IPC). The Court found the assault occurred in sudden anger without premeditation: the perpetrator used a single blow without follow-up despite opportunity, the entire incident lasted 1.5-2 minutes, and it arose from a trivial provocation. While the weapon and wound location showed knowledge that death was likely, the absence of intention to kill was evident. The sentence was commuted to the period already served in custody.

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Criminal Procedure Evidence Murder and Culpable Homicide Witness Testimony Sentencing

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