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Supreme Court of India 2021-09-21 partly_allowed

Kala Singh @ Gurnam Singh vs State of Punjab

Bench: 2 — R. Subhash Reddy

In Brief

The appellants were convicted of murder (Section 302 IPC) for killing the deceased during a sudden quarrel over a stolen pigeon. The High Court modified the conviction to culpable homicide not amounting to murder (Section 304 Part-I IPC) with 12 years imprisonment. The Supreme Court further modified the conviction to Section 304 Part-II IPC (seven years imprisonment) on the ground that the death occurred in a sudden unpremeditatated fight without intention to kill or cause grievous injury. The Court held that Exception 4 to Section 300 IPC applied. Conviction for concealment of the body (Section 201 IPC) and associated fine were maintained.

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Criminal Law Homicide Culpable Homicide Sudden Fight Intention and Mens Rea Sentencing Exception to Murder IPC Section 302 IPC Section 304

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