Supreme Court of India

Sankath Prasad v. State of Uttar Pradesh

Neutral citation
Bench Dr. Dhananjaya Y Chandrachud and Hrishikesh Roy JJ.
Decided 10 January 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the conviction under Section 302 of the IPC should be converted to one under Section 304 Part I. We accordingly hold the appellant guilty of an offence under Section 304 Part I of the IPC and sentence him to imprisonment for a term of ten years.

Judgment, page 3

From the headnote

Penal Code, 1860 – s.302 and s.304 Part-I – Conversion of conviction u/s. 302 IPC to s.304 Part-I IPC – Held: The facts, as they have emerged from the record, indicate that the incident had taken place on the spur of the moment and was a fallout of an altercation over the excavation of a mound by the brother of the appellant – This was objected to by the complainant – The altercation resulted in the appellant going into his house and bringing out a country made pistol – The son of the complainant - who is the deceased - intervened in the course of the altercation and was fired at resulting in…

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