Supreme Court of India · 2018-08-01
DEEPAK vs THE STATE OF UTTAR PRADESH (NOW UTTARAKHAND)
- Citation / case number
- SC 2011/1356
- Court
- Supreme Court of India
- Petitioner
- DEEPAK
- Respondent
- THE STATE OF UTTAR PRADESH (NOW UTTARAKHAND)
- Author
- HON'BLE MR. JUSTICE NAVIN SINHA
- Bench
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MRS. JUSTICE R. BANUMATHI, HON'BLE MR. JUSTICE NAVIN SINHA
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, thus altering the conviction to Section 304 Part-II IPC, which pertains to culpable homicide not amounting to murder. The Court emphasized that the evidence did not support a finding of intention to kill, and the conviction was modified accordingly.