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october 2009

Supreme Court of India · 2009-10-23

Sharad vs State Of Maharashtra

Citation / case number
AIRONLINE 2009 SC 452
Court
Supreme Court of India
Petitioner
Sharad
Respondent
State Of Maharashtra
Author
Chief Justice
Bench
B.S. Chauhan, Tarun Chatterjee, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the appellant's actions, resulting in the death of the victim, 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 noted that the injury was inflicted during an altercation without premeditation or serious intent to kill. Consequently, the conviction under Section 302 IPC was set aside, and the appellant was sentenced to 10 years of imprisonment under Section 304 Part-I IPC.

Sharad vs State Of Maharashtra · Niyam