Supreme Court of India · 2015-07-09
Om Prakash vs Union Of India & Ors
- Citation / case number
- AIR 2015 SC( CRI) 1361
- Court
- Supreme Court of India
- Petitioner
- Om Prakash
- Respondent
- Union Of India & Ors
- Author
- Dipak Misra
- Bench
- N.V. Ramana, Dipak Misra
Judgment text excerpt
The Supreme Court upheld the conviction under Section 304 Part-II IPC, affirming the Armed Forces Tribunal's decision which confirmed a seven-year sentence for culpable homicide not amounting to murder. The Court found that the evidence presented, including the accused's admission of involvement in a fight with the deceased, supported the conviction. The judgment clarified that the circumstances did not warrant a charge under Section 302 IPC, as the intent to kill was not established, thus maintaining the lower court's ruling.