VidhiSangh

Supreme Court of India · 23/10/2018

BHAGIRATH versus THE STATE OF MADHYA PRADESH

[2018] 12 S.C.R. 604 · 2018 INSC 975

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Summary

The Supreme Court accepted the injured eyewitness’s account of the fatal assault but altered the conviction from murder to culpable homicide under section 304 Part I IPC. The blow was inflicted during a sudden quarrel without premeditation, and the Court found that the circumstances attracted Exception 4 to section 300. The sentence was reduced to the period already undergone, with immediate release unless the appellant was required in another case.

Issues

  1. Whether the injured eyewitness reliably established the assault.
  2. Whether the circumstances attracted the sudden-fight exception to murder.

Provisions considered

Held

Result

Appeal allowed; conviction under section 302 IPC altered to section 304 Part I. Sentence reduced to the period already undergone; immediate release unless required in another case.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 604.