Supreme Court of India · 2018-08-01
Deepak vs The State Of Uttar Pradesh (Now ...
- Citation / case number
- AIR 2018 SUPREME COURT 3568
- Court
- Supreme Court of India
- Petitioner
- Deepak
- Respondent
- The State Of Uttar Pradesh (Now ...
- Author
- Navin Sinha
- Bench
- Navin Sinha, R. Banumathi, Ranjan Gogoi
Judgment text excerpt
The Supreme Court held that the conviction of the Appellant under Section 302 IPC was not sustainable as the act was committed in the heat of the moment without premeditation. The Court found that the Appellant's intention was not to kill but to teach a lesson, leading to the alteration of the conviction to Section 304 Part-II IPC, which reflects culpable homicide not amounting to murder. The Court emphasized the need to consider the context of the altercation and the nature of the weapon used, ultimately reducing the sentence to a lesser charge.