Supreme Court of India · 2009-10-23
Sharad vs State Of Maharashtra
- Citation / case number
- AIRONLINE 2009 SC 452
- Court
- Supreme Court of India
- Petitioner
- Sharad
- Respondent
- State Of Maharashtra
- Author
- Chief Justice
- Bench
- B.S. Chauhan, Tarun Chatterjee, K.G. Balakrishnan
Judgment text excerpt
The Supreme Court held that the appellant's actions, resulting in the death of the victim, did not amount to murder under Section 302 IPC but rather constituted culpable homicide not amounting to murder under Section 304 Part-I IPC. The Court noted that the injury was inflicted during an altercation without premeditation or serious intent to kill. Consequently, the conviction under Section 302 IPC was set aside, and the appellant was sentenced to 10 years of imprisonment under Section 304 Part-I IPC.