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Criminal lawyer: the accused sentence reduced to 5 years from life imprisonment for throwing kerosene stove on the deceased.

Supreme Court of India

Justice Ashok Bhushan

The Supreme Court in the case titled as "Kalabai versus State Of MP", has set aside the conviction of the appellant for murder under Section 302 IPC, and converted the same into culpable homicide not amounting to murder under section 304 part II IPC.

In the said case, the accused threw burning kerosene stove on the deceased, at the time of quarrel, in the heat of the moment. Therefore it was held by the Supreme Court that the said offence falls under Section 304 part II, and accordingly, sentence of life imprisonment was reduced to 5 years.


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