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september 2014

Supreme Court of India · 2014-09-16

STATE OF M.P. vs SHIVSHANKAR

Citation / case number
SC 2012/2282
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 upheld the High Court's decision to alter the conviction of the respondent from Section 302 IPC to Section 304 Part-I IPC, reducing the sentence from life imprisonment to seven years of rigorous imprisonment. The Court found that the incident occurred suddenly without premeditation, indicating that the respondent did not have the intention to cause death, thus establishing the legal principle that culpable homicide may not amount to murder under Section 304 IPC. The Court affirmed the High Court's reasoning that the act was not premeditated, despite the use of a firearm resulting in death.

STATE OF M.P. vs SHIVSHANKAR · Niyam