Supreme Court of India · 2014-09-16
State Of M.P vs Shivshankar
- Court
- Supreme Court of India
- Petitioner
- State Of M.P
- Respondent
- Shivshankar
- Author
- Adarsh Kumar Goel
- Bench
- Adarsh Kumar Goel, V. Gopala Gowda
Judgment text excerpt
The Supreme Court held that the High Court's alteration of conviction from Section 302 IPC to Section 304 Part-I IPC was erroneous. The Court emphasized that the respondent's act of retrieving a gun and firing at the deceased indicated a clear intention to cause death, thus constituting murder under Section 302 IPC. The Court reinstated the conviction under Section 302 IPC, rejecting the High Court's finding that the incident was unpremeditated and constituted culpable homicide not amounting to murder.