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Supreme Court of India 2019-09-27 partly_allowed

GURU @ GURUBARAN vs STATE REP. BY THE INSPECTOR OF POLICE

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

Guru and others appealed their conviction for murdering Saroja. All accused came armed with sickles, an iron pipe, and wooden staffs. The Supreme Court held that pre-armed participation negates the Exception 4 to Section 300 IPC (sudden quarrel heat of passion), as it shows premeditation, not spontaneity. A-1's blow to the head with a sickle causing skull fracture constituted murder. However, A-2's iron pipe blow caused only minor abrasions incapable of causing death, warranting conviction under Section 324 (hurt) rather than Section 302 (murder). A-1's conviction upheld; A-2's conviction altered and sentence reduced to time served; A-3, A-5, A-9's convictions upheld.

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