Shrikrishna v. State of Madhya Pradesh 2026 INSC 45 - IPC - Murder & Culpable Homicide

Indian Penal Code 1860 - Section 299,300- Culpable homicide is genus, the murder is its specie. The two ingredients namely that the infliction of bodily injury on the deceased was caused intentionally and secondly, that the injury was sufficient to cause death in the ordinary course of nature, are satisfied, the offence would become the offence of murder. However, there may be circumstances which may emerge from the operative facts and the evidence available in a given case that the offence would be one of culpable homicide not amounting to murder. (Para 5)

Summary: The Supreme Court upheld appellant's conviction under Section 304 Part II IPC, rejecting charges under Sections 147, 148, and 149 due to absence of common object. Considering appellant's age (80+) and time already served (about six years three months), the Court reduced the sentence to period undergone and dismissed the appeal subject to this modification.

Case Info



Case Details

  • Case name: Shrikrishna v. State of Madhya Pradesh
  • Neutral citation: 2026 INSC 45
  • Coram: K. Vinod Chandran, J. and N.V. Anjaria, J.
  • Judgment date: 09 January 2026 (New Delhi)

Caselaw and Citations

  • Kesar Singh and Another v. State of Haryana, (2008) 15 SCC 753.

Statutes / Laws Referred

  • Indian Penal Code, 1860:
    • Section 299 (Culpable homicide)
    • Section 300 (Murder) and Exceptions 1–5
    • Section 302 (Punishment for murder)
    • Section 304 Part I & Part II (Punishment for culpable homicide not amounting to murder)
    • Section 147 (Rioting)
    • Section 148 (Rioting, armed with deadly weapon)
    • Section 149 (Unlawful assembly; common object)
    • Sections 323 (Voluntarily causing hurt)
    • Section 324 (Voluntarily causing hurt by dangerous weapons or means)