SANKATH PRASAD versus STATE OF UTTAR PRADESH

SANKATH PRASAD versus STATE OF UTTAR PRADESH

The facts showed a spontaneous altercation over excavation, the appellant fetched a country-made pistol and a single firearm shot inflicted a fatal injury without evidence of premeditation; therefore the conviction under Section 302 IPC was converted to one under Section 304 Part I IPC and the sentence reduced to...

Source-derived case information.

Parties
Appellant: Sankath Prasad; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
10 January 2020
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court From a Division Bench Judgment of the High Court of Judicature at Allahabad Dated 05.09.2017
Outcome
Appeal allowed in part; conviction under Section 302 IPC converted to conviction under Section 304 Part I IPC and sentence reduced.
Legal Topics
Section 302 IPC, Section 304 Part I IPC, Conversion of Conviction, Murder Vs Culpable Homicide
Criminal Law Indian Penal Code Section 302 IPC Section 304 Part I IPC Conversion of Conviction Murder Vs Culpable Homicide

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sankath Prasad

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court From a Division Bench Judgment of the High Court of Judicature at Allahabad Dated 05.09.2017

Legal Issues

  1. 1 Whether the conviction under Section 302 IPC was sustainable
  2. 2 Whether the facts disclose premeditation or a spur-of-the-moment incident warranting conviction under Section 304 Part I IPC
  3. 3 Whether ocular evidence corroborated by medical evidence establishes the appellant's culpability

Ratio Decidendi

The facts showed a spontaneous altercation over excavation, the appellant fetched a country-made pistol and a single firearm shot inflicted a fatal injury without evidence of premeditation; therefore the conviction under Section 302 IPC was converted to one under Section 304 Part I IPC and the sentence reduced to ten years' imprisonment.

Court Disposition

Appeal allowed in part; conviction under Section 302 IPC converted to conviction under Section 304 Part I IPC and sentence reduced.

Orders

  • Conviction under Section 302 IPC converted to conviction under Section 304 Part I IPC.
  • Appellant sentenced to imprisonment for a term of ten years.