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Supreme Court of India 2019-08-09 partly_allowed

R.JAYAPAL vs THE STATE OF TAMIL NADU

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

A man was stabbed to death in a dispute with his neighbour. The appellant was convicted of murder, as were his brother and wife, though the latter two were later acquitted. The Supreme Court found that because the co-accused were acquitted, the prosecution story—which relied on coordinated action by all three—could not stand. However, the appellant admitted to inflicting the fatal injury. The Court held that the incident occurred during a sudden quarrel when the deceased attempted entry into the appellant's home, without premeditation or undue advantage. It thereby downgraded the conviction from murder under Section 302 to culpable homicide not amounting to murder under Section 304 Part-I, sentencing him to ten years imprisonment instead of life."

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Criminal Law Murder and Culpable Homicide Exceptions to Section 300 IPC Private Defence Sudden Fight and Provocation Witness Credibility Evidence

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