Supreme Court of India · 2008-01-04
Dharam Pal And Ors vs State Of U.P
- Citation / case number
- AIR 2008 SUPREME COURT 920
- Court
- Supreme Court of India
- Petitioner
- Dharam Pal And Ors
- Respondent
- State Of U.P
- Author
- Tarun Chatterjee
- Bench
- C.K.Thakker, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the High Court's decision to convict the appellants under Section 304 Part II read with Section 34 IPC, reducing their sentence from life imprisonment to 7 years rigorous imprisonment. The Court found that the evidence supported a conviction for culpable homicide not amounting to murder, as the appellants acted in a sudden quarrel without premeditation. The judgment clarified the distinction between murder under Section 302 IPC and culpable homicide under Section 304 IPC, emphasizing the necessity of intent in determining the degree of culpability.