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Supreme Court of India 2019-09-27 partly_allowed

Guru @ Gurubaran & Ors vs State rep. by Insp. of Police

Bench: 2 — Deepak Gupta

In Brief

In this criminal appeal arising from the death of a woman in a group attack, the Supreme Court addressed whether the offence constituted murder or culpable homicide not amounting to murder. The deceased was attacked by nine armed assailants (two with sickles, one with an iron pipe, others with wooden staffs) who had gathered to attend a Panchayat to settle a family dispute. The Court held that the accused cannot benefit from Exception 4 to Section 300 IPC (sudden fight in the heat of passion) because they came armed, indicating premeditation. A-1's conviction for murder was upheld; A-2's conviction was altered from Section 302 to Section 324 IPC since his injuries (abrasions) alone could not have caused death; A-3, A-5 and A-9's convictions were upheld.

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Criminal Procedure Murder Culpable Homicide Criminal Liability Common Intention

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