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Death By Negligence: Top Court Reduces A Man's Sentence By 5 Years In Altercation Over Stealing Of Pigeon

The Supreme court did not find any intention on part of the accused Kala Singh to kill the deceased.

The Supreme Court on Tuesday reduced a man's 12 year sentence down to 7 years in a murder case over stealing a pigeon. Based on the evidence presented before the apex court, the bench of Justice R. Subhash Reddy and Hrishikesh Roy was of the view that the murder of the deceased was not premeditated by the accused. 

The Supreme court did not find any intention  on part of the accused Kala Singh to kill the deceased. It was rather a spur of the moment altercation between the accused and the deceased that led the accused hitting the deceased person with a rod. The intention to cause bodily injury to the departed soul could not be established from the facts and circumstances of the case.

''It was not a premeditated one and as there was no intention on the part of the appellant and co-accused either to cause death or cause such bodily injury as is likely to cause death, the High Court ought not to have convicted the appellant for the offence under Section 304 Part I (Causing death by negligence) of IPC,'' the bench said.



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