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, establishing that the intent to kill was not proven beyond reasonable doubt. The Court held that the circumstances of the case indicated a lack of premeditation, justifying the lesser charge. The custodial sentence was limited to the time already served, approximately 8 months.