LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/surender-kumar-vs-state-of-himachal-pradesh-20251209/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Surender Kumar vs State of Himachal Pradesh

Court
Supreme Court of India
Date
9 December 2025
Case No.
Criminal Appeal No. 5398 of 2025
Result
Dismissed
Bench
Manoj Misra, Ujjal Bhuyan
Citation
[2025] 12 S.C.R. 439 : 2025 INSC 1412
Acts & Sections
IPC CrPC
Supreme Court Reports [2025] 12 S.C.R. 439 : 2025 INSC 1412
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.
Headnote

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 inflicted with four knife blows on vital parts of his body, indicative of the accused acting in a cruel manner – Injuries found on his body in ordinary course would have resulted in death – Furthermore, no defense evidence was led; and the statement of the petitioner u/s.313, CrPC was one of denial – There was no statement that the deceased had attacked the appellant or caused any injury or harm to him – On facts, benefit of any of the four Exceptions to s.300, IPC not available to the petitioner. [Paras 5, 7-11]

Penal Code, 1860 – Exceptions to s.300, benefit of – When not available. [Paras 5, 7-11]

Keywords: Section 302, Penal Code, 1860 · Benefit of any of the four Exceptions to s.300, IPC not available · Infliction of knife blows to an unarmed person · Vital parts of body, Accused acted in a cruel manner · No evidence of exchange of blows · Provocation not grave and sudden · Not deprived of self-control · No mitigating circumstances · Sentence not to be reduced by altering the conviction for an offence lesser than u/s.302, IPC

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. We have heard learned counsel for the parties and have perused the materials available on record. 3. The appellant is convicted under Section 302 of the Indian Penal Code, 1860 (for short IPC). The impugned order of the High Court affirms his conviction under Section 302 IPC. 4. In this appeal a limited notice was issued on 24.03.2025 to consider whether the appellant could be convicted for an offence lesser than one punishable under Section 302 of the Indian Penal Code, 1860 (IPC). 5. Autopsy report reflects that the deceased was inflicted with four knife blows
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →