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Supreme Court of India 2021-12-17 partly_allowed

Govindan vs State represented by

Bench: 2 — R. Subhash Reddy, Hrishikesh Roy

In Brief

Govindan was convicted under IPC Section 304(ii) for causing the death of Kamsala during a neighbourhood dispute over a cart track. The Trial Court found that while Govindan stabbed the victim, the incident was sudden and unpremeditated; the victim's family members were aggressors who first attacked Govindan's female relatives. The High Court upheld the conviction but imposed ten years imprisonment. The Supreme Court confirmed the conviction but reduced the sentence to two years, holding that spontaneous quarrels arising from civil disputes, without premeditation and where both sides suffered injuries, warrant substantial sentence reduction."

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Criminal Law IPC 304 Right of Private Defence Sentencing Homicide

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