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Supreme Court of India 2016-05-06 allowed

Prabhakar Vithal Gholve vs State of Maharashtra

Bench: 2 — Shiva Kirti Singh

In Brief

A man was convicted of murdering another person during a violent altercation that originated from a minor domestic grievance. The Supreme Court set aside the murder conviction, finding no established motive or intention to kill. The court held that because the assault occurred suddenly, in the heat of passion, without premeditation, and the appellant himself sustained injuries, the case fell within exceptions to murder under Section 300 IPC. The conviction was downgraded to culpable homicide (Section 304 Part I). The life sentence was reduced to the time already served (over 12 years), and the appellant was ordered released immediately.

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