Supreme Court of India · 2010-10-26
Sangharaj Bhogappa Kamble vs State Of Maharashtra
- Citation / case number
- AIR 2012 SC( CRI) 176
- Court
- Supreme Court of India
- Petitioner
- Sangharaj Bhogappa Kamble
- Respondent
- State Of Maharashtra
- Bench
- Harjit Singh Bedi, Chandramauli Kr. Prasad
Judgment text excerpt
The Supreme Court analyzed the nature of the offence committed by the accused under Section 302 IPC and determined that the incident fell under Exception 4 to Section 300 IPC, which states that culpable homicide is not murder if committed in a sudden fight without premeditation. The Court held that the accused acted in the heat of passion during a sudden quarrel and did not take undue advantage, thus reducing the charge from murder to culpable homicide not amounting to murder. Consequently, the Court modified the sentence accordingly.