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Supreme Court of India 2019-06-18 partly_allowed

Mahabir vs State of Haryana

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this criminal appeal, the appellant was involved in a free fight with another person over a property dispute and struck a fatal blow with a sharp-edged weapon (gandasi), causing death. The High Court had convicted him under Section 304 Part I IPC (culpable homicide) instead of Section 302 IPC (murder), finding no intention to cause death, but imposed life imprisonment. The Supreme Court held that life imprisonment was harsh given the absence of intention to kill and that the 8 years and 4 months already undergone was sufficient to meet justice. The Court reduced the substantive sentence to imprisonment already undergone, discharging the bail bonds.

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Criminal Law Murder and Culpable Homicide Sentencing Property Dispute Criminal Procedure

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