Supreme Court of India · 1997-04-11
STATE OF U.P. vs LAKHAN .
- Citation / case number
- SC 1992/84718
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- LAKHAN .
- Author
- D.P. WADHWA K. RAMASWAMY
- Bench
- D.P. WADHWA K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the conviction under Section 302 IPC was justified as the accused shared a common intention to kill the deceased, Sukhuwa, evidenced by their armed attack with lathis. The Court found that the High Court erred in reducing the charge to culpable homicide not amounting to murder under Section 304 IPC, as the evidence established the intent to kill. The Court reinstated the original conviction and sentence of life imprisonment for the accused.