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Supreme Court of India 2018-08-24 partly_allowed

Lakshmi Chand and another vs State of Uttar Pradesh

Bench: 2 — Navin Sinha

In Brief

Two appellants were convicted of assaulting a neighbour whose bullocks had strayed into his compound, resulting in the neighbour's death. The Supreme Court found no common intention to kill and set aside their conviction for murder (Section 302). The conviction for attempt to murder (Section 307) was also quashed as injuries to third parties were simple. Appellant No. 2's conviction under culpable homicide (Section 304 Part II) was retained but his sentence was reduced from eight to two years, considering the spontaneous nature of the incident, the dispute over strayed cattle, and the passage of time since the 1980 occurrence."

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Criminal Law Culpable Homicide Common Intention Criminal Procedure Self-Defence Sentencing

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