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.