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Supreme Court of India 2018-10-04 partly_allowed

Sunny Khanna vs State of Chhattisgarh

Bench: 2 — Banumathi

In Brief

Two appellants were convicted of murder under Section 302 IPC with common intention for the deaths of two men during a nighttime Holika Dahan celebration. The Supreme Court examined whether a related witness's sole testimony, corroborated by medical evidence and weapon recovery, could sustain conviction. The Court upheld the conviction but modified the charge for the first death from Section 302 to Section 304 Part-I IPC (culpable homicide not amounting to murder), as the incident occurred during a sudden fight without undue advantage being taken. The sentence was reduced to the period already served.

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