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Supreme Court of India 2019-08-07 dismissed

THE STATE OF MADHYA PRADESH vs MOHAR SINGH

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

The State of Madhya Pradesh appealed the High Court's decision to modify the respondent Mohar Singh's conviction from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part-I IPC). The respondent had fired a single gunshot that killed the deceased during a heated altercation, on instigation by a co-accused who was acquitted. The Supreme Court upheld the High Court's modification, finding that the single injury caused in the heat of the moment, without the intent to cause death, did not constitute murder. The Court noted the respondent had already served substantial imprisonment and dismissed the State's appeal.

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Criminal Law Penal Code Murder and Culpable Homicide Mens Rea Insigation Appellate Review

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