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.