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Supreme Court of India 2018-05-08 partly_allowed

Gurwinder Singh @ Sonu etc vs State of Punjab and Anr

Bench: 2 — R. Banumathi

In Brief

Two brothers were convicted of murdering Harbhajan Singh after an axe attack during a village gathering to settle a land dispute. The Supreme Court partially allowed their appeal, finding that while the attack occurred in a sudden quarrel with mutual provocation and both parties sustained injuries, Exception 4 to Section 300 IPC applied. The conviction was reduced from murder (Section 302) to culpable homicide not amounting to murder (Section 304 Part-I), and the sentence was reduced from life imprisonment to seven years. The Court found the prosecution failed to adequately explain injuries sustained by the accused and that the victim's one-month survival indicated the accused did not take undue advantage."

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Criminal Law Murder and Culpable Homicide Exception to Section 300 IPC Sudden Fight Doctrine Criminal Responsibility Evidence - Eyewitness Testimony Non-Explanation of Injuries

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