Supreme Court questions alteration of murder conviction to culpable homicide conviction.

The Supreme Court has questioned the Madhya Pradesh High Court’s decision to alter a murder conviction under Section 302 of the IPC [now Section 103 of the BNS] to culpable homicide not amounting to murder under Section 304 Part II [now Section 105 (Part II) of the BNS], observing that the applicability of Exception 4 to Section 300 [now Section 101 of the BNS] requires specific conditions to be satisfied.

A Bench of Justices J B Pardiwala and K Vinod Chandran said a high court cannot invoke Exception 4 to Section 300 in a casual or cryptic manner without properly examining the evidence and applying the law to the gravity of the offence.

The Bench made the observations while hearing an appeal filed by Rampal Prateti, who was convicted of murdering his wife, Hemwati.

Murder conviction

Court expressed shock at the manner in which the Madhya Pradesh High Court dealt with the evidence and altered the conviction. It particularly noted that the high court had ignored important evidence of PW-7, the sister of the deceased.

The petitioner was tried before the Additional Sessions Judge, Sausar, Chhindwara, for murder under Section 302 of the IPC.

According to the prosecution, Prateti assaulted his wife on December 28, 2021, following which she suffered injuries and eventually died on December 30, 2021.

On December 29, the deceased's father, PW-1, and sister, PW-7, visited her at her matrimonial home. At that time, she allegedly made an oral dying declaration stating that her husband had mercilessly assaulted her over petty domestic issues.

The next day, family members again visited her after the petitioner called them as her condition deteriorated. She subsequently died.

An inquiry into the unnatural death was initiated by the police on December 31, 2021 under Section 174 of the CrPC. The FIR was subsequently registered on January 2, 2022 by the deceased's father.

After investigation, the police filed a charge-sheet against the petitioner for murder.

The trial court convicted him under Section 302 of the IPC and sentenced him to life imprisonment along with a fine.

Madhya Pradesh High Court decision

The petitioner challenged the conviction before the high court, which partly allowed his appeal and altered the conviction from Section 302 to Section 304 Part II of the IPC.

The high court held that the case fell within Exception 4 to Section 300 of the IPC, which applies to culpable homicide committed without premeditation in a sudden fight or in the heat of passion upon a sudden quarrel, provided the offender has not taken undue advantage or acted in a cruel or unusual manner.

The Supreme Court, however, found the high court's reasoning to be "very cryptic" and "very casual".

"Shockingly, the high court thought fit to partly allow the appeal by altering the conviction from Section 302 to Section 304 Part II of the IPC. In the opinion of the high court, the case would fall within Exception 4 to Section 300 of the IPC," the Bench noted.

Court further pointed out that even assuming that Exception 4 was applicable, the high court had erred in converting the conviction to Section 304 Part II.

"We fail to understand how the conviction could have been under Section 304 Part II of the IPC. The conviction at the most could have been under Section 304 Part I of the IPC," the Bench said.

Court accordingly indicated that it was inclined to interfere with the high court judgment and called upon the accused to show cause why the trial court's conviction for murder should not be restored.

The Supreme Court issued notice to the accused, returnable on November 18, 2026.

It directed the State to ensure that the notice is served on the petitioner through the Superintendent of Jail, District Jail, Chhindwara, Madhya Pradesh.

The Registry was also directed to ensure that the order is translated into Hindi and that the translated copy is forwarded to the jail superintendent so that the petitioner is able to understand the order.

Case Title: Rampal Prateti Vs State of Chhattisgarh 

Bench: Justices J B Pardiwala and K Vinod Chandran 

Date of order: October 08, 2026

Tags: