Penal Code, 1860 – s.304 Part-I, s.302 rw s.34 – Culpable homicide not amounting to murder – Pre-existing disputes between the parties leading to verbal altercation whereafter accused persons attacked the victims with knives and dandas, resulting in death of one – FIR lodged by one of the victim as also the appellant – Conviction of the appellants- accused no. 1 and 4 for the offences punishable u/ss.302/34 and sentenced to undergo rigorous imprisonment for life – Appeal thereagainst dismissed – Correctness:
Held: Prosecution proved beyond reasonable doubt that the injuries sustained by deceased were caused by the appellants and sufficient to cause death of the deceased – No interference warranted with the finding of the courts below that the appellants caused homicidal death of the victim – FIR lodged at the instance of the appellant that the victims had come to the shop of the other appellant in a heavily drunken condition, and had tried to assault the appellants – Medical certificates of appellants that they had sustained the injuries, was deposed by the IO – Also evidence of Investigating Officer that he found not only deceased but also all the accused persons admitted in the hospital and that he did not find the other victim in the said hospital – Thus, the defence of the appellants is a possible defence – Nothing on record to establish that there was any pre-meditation – As such, the possibility of the offence being committed by the appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out – Also nothing on record to show that the appellants took undue advantage or acted in a cruel or unusual manner – Thus, appellants entitled to the benefit of doubt – Case would be covered under Part-I of s.304 – Conviction of the appellants u/s.302 altered to Part-I of s.304 – Appellants having undergone the sentence of more than 8 years without remission, sentenced to the period already undergone and to be released forthwith if not required in any other case. [Paras 9, 13, 15, 16-18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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.