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july 2008

Supreme Court of India · 2008-07-17

ASRAF ALI vs STATE OF ASSAM

Citation / case number
SC 2000/14039
Court
Supreme Court of India
Petitioner
ASRAF ALI
Respondent
STATE OF ASSAM
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,P. SATHASIVAM, , ,

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 304 Part II IPC, affirming the High Court's decision to reduce the sentence from 10 years to 5 years of rigorous imprisonment. The Court clarified that the evidence presented did not support a conviction under Section 302 IPC, as the intention to kill was not established. The judgment emphasized the need for clear evidence of intent in determining the degree of culpability in homicide cases.

ASRAF ALI vs STATE OF ASSAM · Niyam