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Supreme Court of India 2024-11-20 partly_allowed

SUNNY @ SANTOSH DHARMU BHOSALE vs THE STATE OF MAHARASHTRA

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

Santosh Dharmu Bhosale was convicted of murder under Section 302 IPC for beating Gopal Bhosale with a bamboo stick, resulting in death. On appeal, the Supreme Court found the prosecution failed to prove premeditation or motive. The evidence showed the appellant used a commonly available weapon, came unarmed, and the injuries did not indicate cruelty. The assault arose from a sudden altercation following the deceased's intervention to mediate a quarrel. The Court downgraded the conviction to culpable homicide not amounting to murder under Section 304 Part I IPC and sentenced the appellant to the time already served (over 12 years with remission).

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