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Supreme Court of India 2019-07-12 partly_allowed

Pratap Singh @ Pikki vs State of Uttarakhand

Bench: 2 — Rastogi, J.

In Brief

A 26-year-old man was convicted of culpable homicide (under IPC s.304 Part II) for his involvement in a group assault that resulted in death. The Supreme Court upheld his conviction based on the credible eyewitness testimony of an injured witness, corroborated by medical evidence. However, it found that while he was not a juvenile (having crossed 18 years by days on the incident date), the 10-year sentence was excessive and disproportionate. Considering his youth at the time, absence of prior criminal record, lack of premeditation, and that he had already served over 3.5 years, the Court reduced the sentence to time served under the principle of proportionality in sentencing.

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Criminal Law Juvenile Justice Murder and Culpable Homicide Age Determination of Juveniles Sentencing and Proportionality Evidence Eyewitness Testimony

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