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june 2007

Supreme Court of India · 2007-06-21

PRABHAKARAN vs STATE OF KERALA

Citation / case number
SC 2004/23740
Court
Supreme Court of India
Petitioner
PRABHAKARAN
Respondent
STATE OF KERALA
Author
ARIJIT PASAYAT
Bench
D.K. JAIN DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 304 Part II IPC for culpable homicide not amounting to murder, confirming the five-year custodial sentence imposed by the Kerala High Court. The Court found that the appellant acted with knowledge that his actions were likely to cause death, as evidenced by the high speed of the bus and warnings from passengers and pedestrians. The Court distinguished this case from Section 304A IPC, which pertains to death caused by negligence, emphasizing that the appellant's conduct demonstrated a culpable state of mind.

PRABHAKARAN vs STATE OF KERALA · Niyam