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july 2015

Supreme Court of India · 2015-07-09

OM PRAKASH vs UNION OF INDIA .

Citation / case number
SC 2010/28555
Court
Supreme Court of India
Petitioner
OM PRAKASH
Respondent
UNION OF INDIA .
Author
DIPAK MISRA
Bench
N.V. RAMANA DIPAK MISRA

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 304 Part-II IPC for culpable homicide not amounting to murder, affirming the Armed Forces Tribunal's decision. The Court noted that the appellant had stabbed the deceased during an altercation, which constituted a significant provocation, justifying the lesser charge. The sentence of seven years of rigorous imprisonment was also maintained, emphasizing the need for accountability in such violent incidents within the armed forces.

OM PRAKASH vs UNION OF INDIA . · Niyam