Supreme Court of India · 2019-02-08
SMT. GOWRAMMA AND ANR. vs SHRI KALINGAPPA (D) REPRESENTED BY LRS. AND ORS
- Citation / case number
- SC 2014/7623
- Court
- Supreme Court of India
- Petitioner
- SMT. GOWRAMMA AND ANR.
- Respondent
- SHRI KALINGAPPA (D) REPRESENTED BY LRS. AND ORS
- Author
- HON'BLE MR. JUSTICE L. NAGESWARA RAO
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court ruled that under Section 300 IPC, the distinction between culpable homicide and murder hinges on the intention and knowledge of the accused at the time of the act. The Court emphasized that the presence of premeditation or the absence of provocation is crucial in determining the degree of culpability. Consequently, the appeal was dismissed, affirming the lower court's conviction under Section 302 IPC for murder.