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january 2008

Supreme Court of India · 2008-01-15

BANDHAN vs STATE OF CHHATTISGARH

Citation / case number
SC 2007/9746
Court
Supreme Court of India
Petitioner
BANDHAN
Respondent
STATE OF CHHATTISGARH
Bench
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN

Judgment text excerpt

The Supreme Court held that the appellant's actions, which resulted in the death of Somari, did not amount to murder under Section 302 IPC but rather constituted culpable homicide not amounting to murder under Section 304 Part I IPC. The Court found that the incident occurred suddenly without premeditation and without any previous enmity, thus justifying the lesser charge. The conviction under Section 302 IPC was set aside, and the appellant was sentenced to eight years of imprisonment, with the possibility of immediate release given the time already served.

BANDHAN vs STATE OF CHHATTISGARH · Niyam