Supreme Court of India
Sankath Prasad v. State of Uttar Pradesh
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From the 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: Th e facts, as they have emerged from the record, indicate that the incident had taken place on the spur of the moment and was a fal lout of an altercation over the excavation of a mound by the br other of the appellant – This was objected to by the complainant – The altercation resulted in the appellant going into his house and br inging out a country made pistol – The son of the complainant - who is the deceased - intervened in the course of the altercation and wa s fired at
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