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Supreme Court of India 2021-09-15 allowed

Mohd. Rafiq @ Kallu vs State of Madhya Pradesh

Bench: 2 — S. Ravindra Bhat

In Brief

A truck driver was convicted of murder for pushing a Sub-Inspector boarding his vehicle, causing him to fall and be run over. The High Court upheld the conviction. The Supreme Court allowed the appeal, finding that while the driver's act caused death, the evidence did not prove he intended to kill the officer. The Court distinguished between murder (requiring definite intent to kill) and culpable homicide (intent to cause bodily injury likely to cause death). As the driver lacked motive, knowledge of the victim's status, and acted in heat of passion without premeditation, the Court reduced the conviction to culpable homicide under Section 304 IPC and reduced the sentence from life imprisonment to ten years.

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