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Supreme Court of India 2018-05-02 allowed

Tularam vs State of Madhya Pradesh

Bench: 2 — Madan B. Lokur

In Brief

Tularam was convicted of murdering Bhadri Lodhi by piercing his chest with a ballam during a sudden altercation in 2002. The Supreme Court set aside the murder conviction and convicted him instead of culpable homicide not amounting to murder. The Court held that mere piercing of the chest does not establish intention to kill without clear evidence. Since the fight was sudden, unpremeditated, and involved no undue advantage, Exception 4 to Section 300 IPC applied. Given Tularam's 14-year incarceration, the Court ordered his immediate release.

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Criminal Procedure Murder and Culpable Homicide Evidence and Proof Sentencing Exception to Statutory Offence

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