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Supreme Court of India 2023-11-03 partly_allowed

PARSHURAM vs STATE OF M.P

Bench: 3 — B.R. Gavai, B.V. Nagarathna, Prashant Kumar Mishra

In Brief

A village property dispute over a damaged shed escalated into violent confrontations in Madhya Pradesh. Seven persons were convicted of murder under Section 302 IPC for forming an unlawful assembly and causing the death of Madan, while two accused were acquitted. The Supreme Court upheld that membership in an unlawful assembly does not require an active role in the assault. However, it found that the prosecution failed to adequately explain injuries sustained by the accused persons and did not clearly establish that the assembly's common object was to cause death (rather than merely teach a lesson). Accordingly, the Court reduced the conviction from murder (Section 302) to culpable homicide not amounting to murder (Section 304, Part II) and sentenced the appellants to 7 years rigorous imprisonment.

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Criminal Procedure Penal Law Unlawful Assembly Murder and Culpable Homicide Evidence Self-Defence

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