State Of U.P vs Virendra Prasad

The Supreme Court upheld the Allahabad High Court's judgment that the respondent Virendra Prasad was guilty under Section 304 Part II IPC, rather than Section 302 IPC, for the death of a police officer during a raid on a gambling den. The Court found that the act was not premeditated murder but rather a result of sudden provocation, thus justifying the lesser charge. The custodial sentence was limited to the time already served, approximately 8 months, affirming the High Court's decision.