Supreme Court · 2020 INSC 28 · Decided 10 January 2020

Sankath Prasad v. State of Uttar Pradesh

Court
Supreme Court of India
Citation
2020 INSC 28 · [2020] 1 S.C.R. 1002
Case number
CRIMINAL APPEAL No. 50/2020
Decided
10 January 2020
Bench
D.Y. CHANDRACHUD, HRISHIKESH ROY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 304

Headnote

Penal Code, 1860 - s.302 and s.304 Part-I - Conversion of conviction u/s. 302 IPC to s.304 Part-I IPC - Held: The facts, as they have emerged from the record, indicate that the incident had taken place on the spur of the moment and was a fallout of an of a mound by the brother of the appellant - This was objected to by the complainant - The altercation resulted in the appellant going into his house and bringing out a country made pistol - The son of the complainant - who is the deceased - intervened in the course of

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