SC Converts Murder Conviction to Culpable Homicide in 1986 Triple Murder Case
Court noted injuries were caused with blunt side of weapons, showing knowledge but no intent to kill
The Supreme Court converts murder conviction to culpable homicide, citing lack of intent to kill in the 1986 Banda land dispute case
The Supreme Court on September 26, 2025, converted the conviction of three individuals from murder to culpable homicide not amounting to murder in a matter arising out of the killing of three people during a dispute over the measurement of an agricultural field in the Banda district of Uttar Pradesh in 1986.
A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran partly allowed the appeal filed by Raghav Prasad and others and sentenced them to the period of 12 years of jail already undergone by them.
The special leave petition arose out of the Allahabad High Court's division bench judgment of July 4, 2013, which had upheld the decision of November 8, 1989, by the Additional District and Sessions Judge, Karvi (Banda). The trial court had convicted the accused appellants under Section 302 read with Section 34 of the Indian Penal Code (IPC) and sentenced them to life imprisonment.
The incident occurred on the morning of August 6, 1986, at 8 o’clock, when the complainant namely Ram Gopal, along with his father Ram Avtar, uncles Namo Shankar and Girija Shankar, and two other persons had arrived at Baruahaar Ghat for measuring some agricultural fields. The accused persons, who are owners of adjacent fields, attacked the group, causing the death of three persons.
Examining the appeal, the bench noted that the prosecution case basically rested on the testimony of PW-1, Ram Gopal, who was the son of deceased Ram Avtar and nephew of deceased Namo Shankar and deceased Girija Shankar. In his statement, PW-1 had deposed that there was a dispute over the measurement of agricultural fields between deceased Ram Avtar and accused No. 1 - Raghav Prashad.
Court observed that a perusal of the evidence of PW-1 revealed that even though the accused appellants were carrying sharp weapons (pike, spear, etc.), they had only used the blunt side of the said weapons. The bench also pointed out that the medical evidence showed that all the three deceased persons had lacerated and contused wounds only and there were no incised wounds.
The bench held that, "In view of the evidence of PW-1, we do not find any reason to disagree with the concurrent findings of fact recorded by the Trial Court and the High Court that it was the accused appellants who caused the death of Ram Shankar, Namo Shankar and Girija Shankar".
However, court then considered the question of whether the conviction under Section 302 IPC would be tenable or whether the accused were liable to be convicted for a lesser offence. The bench observed, "We find that though the accused persons could be said to have the knowledge that the injuries would cause death of the deceased, there is no material on record to show that they had the intention to kill them".
Court also noted that PW-1 himself had deposed that there was prior enmity between Appellant No. 1- Raghav Prashad and deceased Ram Avtar over the measurement of agricultural fields. Considering these factors, the bench stated, "We, therefore, find that in the facts of the present case, the conviction under Section 302 IPC would not be tenable and is liable to be converted to one under Section 304 Part I of IPC. We are, therefore, inclined to partly allow the appeal".
By reducing their sentence to the period already undergone, court directed the forthwith release of the accused appellants, provided they were not required in any other case.
Case Title: Raghav Prashad And Ors Vs State of UP
Judgment Date: September 26, 2025
Bench: Chief Justice of India B R Gavai and Justice K Vinod Chandran