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Supreme Court of India 2024-10-14 partly_allowed

SANDEEP vs STATE OF UTTARAKHAND

Bench: 2 — Pankaj Mithal, R. Mahadevan

In Brief

Sandeep was convicted of murdering Abdul Hameed in October 1997 by gunshot, along with charges under Section 34 (common intention). The High Court had affirmed the trial court's conviction and life sentence. The Supreme Court upheld the murder conviction under Section 302, finding eyewitness evidence and forensic proof conclusive. However, it set aside the conviction under Section 34, as co-accused were acquitted and no common intention was established. The Court modified the life sentence to the period already undergone (13 years 6 months), considering sudden provocation, absence of premeditation, good conduct in custody, and poor background, directing release if not otherwise required in custody.

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