Held, the appellant may have accidentally caused the death of the deceased while intoxicated, there is no evidence to prove that the appellant, due to intoxication – The absence of such evidence, combined with the appellant not claiming to have been intoxicated against his will, leads to the conclusion that Section 86 of the (IPC) does not apply – Therefore, the appellant is not entitled to a reduction of the sentence from Section 302 IPC (murder) to a charge falling under Part II of Section 304 IPC (culpable homicide not amounting to murder) – Appeal Dismissed.
SUPREME COURT OF INDIA DIVISION BENCH NANHE — Appellant Vs. STATE OF U.P. — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 2791…