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Supreme Court of India 2021-02-09 partly_allowed

Pardeshiram vs State of M.P. (Now Chhattisgarh)

Bench: 2 — Hemant Gupta

In Brief

The appellant was convicted of murdering his uncle, Kartik Ram, in a dispute over the construction of a wall on agricultural land. The Supreme Court found that the killing occurred suddenly and in the heat of passion without premeditation, during a spontaneous family quarrel. Using a shovel (a common agricultural tool) and a stone, the injuries were inflicted without prior planning or cruelty. The Court converted the conviction from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC) under Exception 4 of Section 300 IPC. Having already served over 18 years in prison, the appellant was released with time already served as sentence.

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Criminal Law Murder and Culpable Homicide Indian Penal Code Exception 4 Section 300 Criminal Procedure Sentencing

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