Supreme Court of India
Surender Kumar v. State of Himachal Pradesh
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What the Court ordered
For the reasons aforesaid, we do not find any mitigating circumstances on basis whereof we may reduce the sentence by altering the conviction of the appellant for an offence lesser than one punishable under Section 302 IPC.
Judgment, page 4
From the headnote
Issue for Consideration Whether in the facts and circumstances of the case, the appellant could be convicted for an offence lesser than one punishable u/s.302, Penal Code, 1860. Headnotes† Penal Code, 1860 – s.302; Exceptions to s.300 – Conviction u/s.302, when justified – Appellant convicted u/s.302 – Whether he could be convicted for an offence lesser than one punishable u/s.302: Held: No – There are no mitigating circumstances on basis whereof the sentence may be reduced by altering the conviction of the appellant for an offence lesser than one punishable u/s.302, IPC – Deceased was
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