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february 2007

Supreme Court of India · 2007-02-15

SHYAM vs STATE OF M.P. THROUGH P.S. BERCHA

Citation / case number
SC 2006/10261
Court
Supreme Court of India
Petitioner
SHYAM
Respondent
STATE OF M.P. THROUGH P.S. BERCHA
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the appeal concerning the conviction of the appellant under Section 302 IPC for the murder of Kailash, initially sentenced to life imprisonment. The Court found that the High Court erred in upholding the conviction under Section 302 IPC, determining that the appropriate charge was Section 304 Part II IPC, leading to a reduced custodial sentence of 7 years. The Court emphasized the need for a proper assessment of the evidence and the distinction between murder and culpable homicide not amounting to murder.

SHYAM vs STATE OF M.P. THROUGH P.S. BERCHA · Niyam