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Supreme Court of India 2020-01-10 allowed

SANKATH PRASAD vs THE STATE OF UTTAR PRADESH

Bench: 2 — D.Y. Chandrachud, Hrishikesh Roy

In Brief

Sankath Prasad was convicted of murder under Section 302 IPC for firing a fatal gunshot at Uma Shanker during an altercation over land excavation. The Supreme Court examined eyewitness evidence, medical reports showing a single firearm injury, and the circumstances of the incident occurring on the spur of the moment. The Court found that while guilt was established, the absence of premeditation and the heat-of-passion context warranted modification of the conviction to culpable homicide under Section 304 Part I IPC. The appellant's life sentence was accordingly reduced to ten years imprisonment.

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