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Supreme Court of India 2021-02-11 partly_allowed

Khokan @ Khokhan Vishwas vs State of Chhattisgarh

Bench: 2 — Dhananjaya Y Chandrachud, M.R. Shah

In Brief

An accused was convicted of murder under Section 302 IPC for pushing a man during a quarrel over money, resulting in internal injuries and death from septicemia three days later. The Supreme Court held that while the death was caused by the assault, the case lacked premeditation, intention to kill, or knowledge of imminent danger. The sudden nature of the quarrel, absence of weapons, and lack of cruel conduct brought it within Exception 4 to Section 300 IPC (heat of passion upon sudden quarrel). The Court modified the conviction to culpable homicide not amounting to murder under Section 304-I IPC and credited the 14.5 years already served as punishment.

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Criminal Law Homicide Murder versus Culpable Homicide Exception 4 to Section 300 IPC

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