Supreme Court of India · 2005-12-08
SIVAKUMAR vs STATE BY INSPECTOR OF POLICE
- Citation / case number
- SC 2004/18830
- Court
- Supreme Court of India
- Petitioner
- SIVAKUMAR
- Respondent
- STATE BY INSPECTOR OF POLICE
- Author
- S.B. SINHA
- Bench
- P.P. NAOLEKAR S.B. SINHA
Judgment text excerpt
The Supreme Court upheld the conviction of the Appellant under Section 304, Part II of the Indian Penal Code, establishing that the evidence, including an extra-judicial confession and forensic analysis of the air gun, supported the finding of culpable homicide not amounting to murder. The Court clarified that the intent to kill was not established, thus justifying the lesser charge. The appeal against the conviction was dismissed, affirming the five-year sentence imposed by the lower court.