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Supreme Court of India 2019-04-30 partly_allowed

Nazir Malita & Ors vs State of West Bengal

Bench: 2 — Banumathi

In Brief

Three appellants were convicted of culpable homicide (Section 304 read with Section 34 IPC) for assaulting the deceased Morshed Malita with sharp-edged weapons (fala and ramda) during a fight over a land dispute. The Trial Court imposed life imprisonment; the High Court reduced it to fourteen years. The Supreme Court found no premeditation or pre-plan and modified the conviction to Section 304 Part II IPC (culpable homicide without premeditation), reducing the sentence to ten years. All sentences run concurrently.

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Criminal Law Culpable Homicide Sentencing Premeditation Assault Common Intention

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