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october 2010

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.

Sangharaj Bhogappa Kamble vs State Of Maharashtra · Niyam