Supreme Court of India · 2008-07-16
KASHI PRASHAD vs STTATE OF U.P.
- Citation / case number
- SC 2002/447
- Court
- Supreme Court of India
- Petitioner
- KASHI PRASHAD
- Respondent
- STTATE OF U.P.
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,P. SATHASIVAM,MUKUNDAKAM SHARMA, ,
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 302 read with Section 34 IPC for the murder of Lachhi Ram, establishing that the prosecution proved the essential elements of the crime, including the intent to kill and the participation of the accused in the act. The Court emphasized that the use of a spear and lathi in the assault constituted a clear case of murder, rejecting the appellant's claims of self-defense. The appeal was dismissed, affirming the High Court's judgment and the Sessions Court's sentence.