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Supreme Court judgments on Section 304, Indian Penal Code, 1860

43 judgments, latest first, from 2018 to 2025. Listed when the Supreme Court Reports file the judgment's headnote under Section 304 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Narayan Yadav vs State of Chhattisgarh
SC · 5 August 2025
[2025] 8 S.C.R. 568 : 2025 INSC 927
Whether the High Court erred in passing the impugned judgment relying on the confessional FIR filed by the appellant-accused himself and the medical evidence to uphold his conviction, however, altering it from s.302, IPC…
Chetan vs The State of Karnataka
SC · 30 May 2025
[2025] 5 S.C.R. 906 : 2025 INSC 793
Matter pertains to the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 304 IPC, and u/ss.3, 5 of the Arms Act, 1959.
Chunni Bai vs State of Chhattisgarh
SC · 28 April 2025
[2025] 4 S.C.R. 1816 : 2025 INSC 577
Whether the accused at the time of commission of crime was incapable of making conscious and informed decision or was suffering from certain mental incapacity or unsoundness of mind; Whether a benefit of doubt may be ext…
Sudam Prabhakar Achat vs The State of Maharashtra
SC · 21 March 2025
[2025] 3 S.C.R. 897 : 2025 INSC 378
Issue arose as to whether the conviction u/s.302 IPC could be converted into s.304 Part I or Part II IPC.
State of Madhya Pradesh vs Shyamlal & Ors.
SC · 20 March 2025
[2025] 4 S.C.R. 144 : 2025 INSC 377
The High Court converted the conviction of respondents u/s.302 of IPC into the second part of s.304 of the IPC. Whether the judgment of the High Court requires interference.
Yuvraj Laxmilal Kanther & Anr. vs State of Maharashtra
SC · 7 March 2025
[2025] 3 S.C.R. 502 : 2025 INSC 338
Issue arose as to whether the High Court was correct in dismissing the revision application filed by the appellants assailing the order of the trial court dismissing their discharge applications u/s.227 CrPC.
Sita Ram & Anr. vs The State of Himachal Pradesh
SC · 6 March 2025
[2025] 4 S.C.R. 204 : 2025 INSC 359
Matter pertains to the correctness of the order passed by the High Court holding the appellant no.1 guilty of offence punishable u/s. 304 IPC and appellant no. 2 for offences punishable u/ss. 323 and 451 IPC and sentenci…
Ashok Saxena vs The State of Uttarakhand Etc.
SC · 30 January 2025
[2025] 1 S.C.R. 1454 : 2025 INSC 148
Whether the High Court committed any error in holding the appellant guilty of the offence of murder.
Goverdhan & Anr. vs State of Chhattisgarh
SC · 9 January 2025
[2025] 1 S.C.R. 657 : 2025 INSC 47
The two accused-appellants and their father-the third accused, were convicted by the trial court u/s.302 r/w s.34 IPC for assaulting a person with deadly weapons causing his death. High Court upheld the conviction of the…
Suresh Chandra Tiwari & Anr. vs State of Uttarakhand
SC · 28 November 2024
[2024] 11 S.C.R. 1233 : 2024 INSC 907
(a) Whether the circumstances relied by the prosecution have been proved beyond reasonable doubt; (b) whether those circumstances are of a definite tendency unerringly pointing towards the guilt of the accused; (c) wheth…
Sunny @ Santosh Dharmu Bhosale vs The State of Maharashtra
SC · 20 November 2024
[2024] 11 S.C.R. 1440 : 2024 INSC 878
Whether it was the appellant-accused who assaulted the victim-deceased due to which the death of the deceased has occurred; whether the conviction of the appellant under Section 302 IPC, deserves to be altered to one und…
Devendra Kumar & Ors. vs State of Chhattisgarh
SC · 6 November 2024
[2024] 11 S.C.R. 523 : 2024 INSC 841
Whether the conviction would fall for the offence punishable u/s.302 IPC or under a lesser offence.
Sunil @ Sonu Etc. vs State NCT of Delhi
SC · 24 September 2024
[2024] 9 S.C.R. 616 : 2024 INSC 727
Issue arose for consideration that as to whether the accused can be convicted for the offence punishable u/s.302 IPC or in the facts and circumstance of the case, the conviction needs to be altered to a lesser offence.
Shahid Ali vs The State of Uttar Pradesh
SC · 11 March 2024
[2024] 3 S.C.R. 377 : 2024 INSC 191
In a celebratory firing during a marriage ceremony, the Appellant shot the deceased resulting in his demise. Whether the Appellant could be held guilty of the offence under Section 304 Part I or Part II of the IPC as aga…
Velthepu Srinivas and Others vs State of Andhra Pradesh (Now State of Telangana) and Anr.
SC · 6 February 2024
[2024] 2 S.C.R. 1 : 2024 INSC 87
The courts below, if justified in convicting the four accused u/ss. 302/34 IPC and imposing sentence for life for committing murder of the victim.
Dattatraya vs The State of Maharashtra
SC · 1 February 2024
[2024] 2 S.C.R. 989 : 2024 INSC 167
Whether the courts below were justified in convicting the appellant u/ss. 302 and 316 IPC and sentencing to undergo life imprisonment and 10 years of R.I. respectively along with fine, for causing death of his wife as al…
Anil Kumar vs The State of Kerala
SC · 1 November 2023
[2023] 14 S.C.R. 173 : 2023 INSC 965
Whether in the circumstances of the instant case, the appellant had any premeditated mind to kill the deceased or was it due to grave and sudden provocation which would not amount to murder or would at best be a case of…
No.15138812y L/Nk Gursewak Singh vs Union of India & Anr.
SC · 27 July 2023
[2023] 10 S.C.R. 1139 : 2023 INSC 648
Penal Code, 1860: s. 304 Part I, s 300 exception 4 – Punishment for culpable homicide not amounting to murder – Appellant and the victim, both Lance Naik in the Indian Army – Altercation between them on the issue of seni…
Charan Singh @ Charanjit Singh vs The State of Uttarakhand
SC · 20 April 2023
[2023] 3 S.C.R. 511 : 2023 INSC 404
Penal Code, 1860 : ss. 304 B, 498 A and 201 – Dowry Death – Presumption as to dowry death – Prosecution case that woman married two years ago, killed by her husband-appellant and inlaws for dowry – Death was unnatural an…
Premchand vs The State of Maharashtra
SC · 3 March 2023
[2023] 2 S.C.R. 119 : 2023 INSC 207
Penal Code,1860 – ss. 300,302 307 and 304 – The trial Court convicted the appellant for the offence of murder of the victimdeceased and attempt to murder three others – The judgment of the trial Court was challenged by t…
Ranvir Singh etc. etc. vs The State of Madhya Pradesh
SC · 12 January 2023
[2023] 1 S.C.R. 841 : 2023 INSC 25
Penal Code, 1860 – ss. 148, 302/149, 324/149, 304 Part-II – Acquittal under – Appellants-accused persons were charged of having committed an offence u/ss. 148, 302/149, 324/149 – Dehati Nalishi (Ex. P-28) was recorded as…
Dauvaram Nirmalkar vs State of Chhattisgarh
SC · 2 August 2022
[2022] 7 S.C.R. 5 : 2022 INSC 786
Penal Code, 1860 – ss.304 Part I and 302 and Exception 1 to s.300 – Murder – Conviction of appellant by Courts below u/s.302 IPC for murder of his brother – Challenge to – Held: The fact that the appellant and the deceas…
Ajmal vs The State of Kerala
SC · 12 July 2022
[2022] 14 S.C.R. 503 : 2022 INSC 709
Penal Code, 1860: ss.34, 149, 302, 304 Part II– Culpable homicide not amounting to murder – Deceased along with other friends were stopped by ten accused persons – Verbal altercation took place – Deceased was beaten by a…
Major Singh vs State of Punjab & Anr.
SC · 16 June 2022
[2022] 6 S.C.R. 800 : 2022 INSC 1306
Penal Code, 1860 – s.304 Part II – Distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder – Held: There is a subtle distinction of degree of intention and knowledge involv…
Sabitri Samantaray vs State of Odisha
SC · 20 May 2022
[2022] 4 S.C.R. 276 : 2022 INSC 608
Penal Code, 1860 – ss. 302 and 304(II) – Prosecution case that victim-deceased was strangulated to death by the appellants (husband and wife) along with their daughter in their house and an attempt was made to conceal id…
The State of Uttar Pradesh vs Subhash @ Pappu
SC · 1 April 2022
[2022] 5 S.C.R. 832 : 2022 INSC 382
Penal Code, 1860: ss.146, 148, 149,302, 304 – Prosecution case was that six (out of which three persons were unknown) persons came to a shop and attacked the servant (deceased) of the shop with knife and hockey for refus…
Jasdeep Singh @ Jassu vs State of Punjab
SC · 7 January 2022
[2022] 2 S.C.R. 647 : 2022 INSC 23
Penal Code, 1860 – s. 304 part I and s.34 – Allegation that victim-deceased was shot dead by the accused persons (A1 to A4) during the night time – A3 and A4 (appellants) were present at the scene of occurrence and made…
Kala Singh @ Gurnam Singh vs State of Punjab
SC · 21 September 2021
[2021] 6 S.C.R. 225 : 2021 INSC 519
Penal Code, 1860 – s.304 Part II r/w s.34 and s.201 – Appellant-accused and deceased had a sudden fight – In the heat of passion, the co-accused, who had rod with him, gave a blow with the rod on the head of deceased res…
Mohd. Rafiq @ Kallu vs The State of Madhya Pradesh
SC · 15 September 2021
[2021] 9 S.C.R. 163 : 2021 INSC 481
Penal Code, 1860 – s.302 and s.304 – Prosecution case that Sub-Inspector (SI) motioned a truck, driven by the accused/appellant, to stop – Instead of applying brakes, the accused tried to speed away, upon which SI boarde…
Stalin vs State Represented by the Inspector of Police
SC · 9 September 2020
[2020] 7 S.C.R. 283 : 2020 INSC 540
Penal Code, 1860 – s. 302, s. 304 and Exception IV to s.300 – Appellant-accused was convicted and sentenced u/s. 302 IPC – C Appellant contended that it was a case of single injury, s. 302 IPC shall not be attracted and…

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