VidhiSangh

Supreme Court of India · 10/01/2020

SANKATH PRASAD versus STATE OF UTTAR PRADESH

[2020] 1 S.C.R. 1002 · 2020 INSC 28

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Summary

The Supreme Court accepted the established eyewitness and medical account of the shooting but converted the conviction from murder to culpable homicide not amounting to murder under Section 304 Part I IPC. The fatal single gunshot occurred in a spur-of-the-moment altercation over excavation of a mound, after the accused fetched a pistol and the complainant’s son intervened. Considering these circumstances, the Court substituted ten years’ imprisonment for the life sentence.

Issues

  1. Whether the established circumstances of the shooting warranted alteration of the murder conviction to Section 304 IPC.

Held

Result

Appeal allowed in the stated terms; Section 302 conviction converted to Section 304 Part I IPC and sentence fixed at ten years’ imprisonment.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 1002.