Raghav Prashad vs State of U.P 2025 INSC 1172 - Murder Case - Converted To S.304 IPC
Indian Penal Code 1860 - Section 302,304- While partly allowing appeal of accused, SC observed: Though the accused persons could be said to have the knowledge that the injuries would cause death of the deceased, there is no material on record to show that they had the intention to kill them- The conviction under Section 302 IPC would not be tenable and is liable to be converted to one under Section 304 Part I of IPC.
Case Info
Key Details
- Case Name: Raghav Prashad and Others vs. State of U.P.
- Neutral Citation: 2025 INSC 1172.
- Coram: B.R. Gavai, CJI; K. Vinod Chandran, J.
- Judgment Date: September 26, 2025.
- Appeal No.: Criminal Appeal No. 596 of 2014.
Statutes / Laws Referred
- Indian Penal Code:
- Section 302: Murder (initial conviction by Trial Court and affirmed by High Court).
- Section 304 Part I: Culpable homicide not amounting to murder (altered by Supreme Court).
- Section 34: Common intention (applied throughout).
- Code of Criminal Procedure:
- Section 374 Cr.P.C.: Criminal appeal to High Court (appeal No. 2259 of 1989).
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