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Supreme Court of India 2019-07-09 partly_allowed

SITA RAM vs STATE OF NCT OF DELHI

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

Sita Ram was convicted by trial court of murder under Section 302 IPC for his role in attacking and killing Mangal Singh during a street altercation over illegal electricity tapping. The High Court affirmed the conviction. The Supreme Court found the incident was a sudden fight in heat of passion without premeditation, arising from a spontaneous quarrel. The weapons were picked up during the fight, not pre-armed. Analyzing the injury pattern, the Court found no undue advantage was taken. Accordingly, the murder conviction was modified to culpable homicide not amounting to murder under Section 304 Part II IPC, and sentence was reduced to 8 years rigorous imprisonment.

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Criminal Law Murder Exception 4 Section 300 IPC Heat of Passion Culpable Homicide

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