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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, Hrishikesh Roy

In Brief

The appellants were convicted of murder (Section 302 IPC) by the trial court and the High Court modified the conviction to culpable homicide not amounting to murder (Section 304 Part I IPC), imposing 12 years' rigorous imprisonment. On appeal, the Supreme Court held that since the death resulted from a sudden fight in the heat of passion without any intention to kill or cause fatal injury, and there was no premeditation or common intention to commit murder, the conviction should be further modified to Section 304 Part II IPC. The Court sentenced the appellant to 7 years' rigorous imprisonment while maintaining the conviction and sentence under Section 201 IPC (causing disappearance of evidence).

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Criminal Law Homicide Culpable Homicide Murder Sudden Fight Common Intention Indian Penal Code

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