RADHEY SHYAM vs STATE OF U.P.

The Supreme Court held that the conviction of the appellant under Section 304, Part I IPC was not sustainable due to lack of evidence showing he inflicted any fatal blow on the deceased. The Court noted that the prosecution's case was weakened by the absence of independent witnesses and the fact that the accused had also sustained injuries. Consequently, the Court altered the conviction from Section 304, Part I IPC to Section 325 IPC and reduced the sentence from 7 years to 2 years of rigorous imprisonment.