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Supreme Court of India 2017-08-14 partly_allowed

Madhavan & Ors vs State of Tamil Nadu

Bench: 2 — A.M. Khanwilkar

In Brief

On 4 December 2004, a violent altercation between two families over a land dispute resulted in the death of Periyasamy. Five family members of the appellant were convicted of culpable homicide and other offences, with sentences of ten years rigorous imprisonment. The Supreme Court upheld the conviction as based on solid eyewitness evidence but found the sentences excessive. Applying the principle of proportionality in sentencing—considering the sudden, unpre-meditated nature, ready availability of the weapon used, lack of prior criminal history, and absence of subsequent incidents—the Court reduced sentences for appellants 2 and 4 to time already served, and for appellants 1, 3, and 5 to five years each. The appeal was partly allowed.

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Criminal Procedure Culpable Homicide Sentencing Proportionality Unlawful Assembly Assault Criminal Law

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