Supreme Court of India · 2010-12-14
State Of A.P vs M. Sobhan Babu & Anr
- Citation / case number
- AIR 2011 SC (CRIMINAL) 909
- Court
- Supreme Court of India
- Petitioner
- State Of A.P
- Respondent
- M. Sobhan Babu & Anr
- Bench
- Harjit Singh Bedi, Chandramauli Kr. Prasad
Judgment text excerpt
The Supreme Court held that the conviction under Section 302 IPC was improperly modified to Section 304 Part I IPC by the High Court, as the accused had entered the deceased's home armed and caused a fatal injury. The Court emphasized that the circumstances of the case fell within the ambit of Section 300 IPC, indicating the presence of premeditated intent to kill. Consequently, the Supreme Court restored the original conviction under Section 302 IPC, affirming the trial court's decision.