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Supreme Court of India 2025-01-09 partly_allowed

GOVERDHAN & ANR vs STATE OF CHHATTISGARH

Bench: 3 — B. R. Gavai, K. V. Viswanathan, Nongmeikapam Kotiswar Singh

In Brief

Two sons were convicted of murder after their mother witnessed them fatally assaulting their neighbour with an axe and pipe on 23 September 2001. The victim died three days later from cumulative head injuries. On appeal, the Supreme Court upheld the conviction based on the mother's credible eyewitness testimony, which withstood cross-examination despite delays in recording and minor inconsistencies. However, since premeditation and intent to kill were not clearly proven, the Court converted the conviction from murder (Section 302 IPC) to culpable homicide (Section 304 IPC). The appellants were sentenced to time already served plus ₹50,000 fine each, payable to the deceased's mother.

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Criminal Law Evidence Witness Credibility Homicide Eyewitness Testimony Appellate Jurisdiction Proof Beyond Reasonable Doubt

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