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Synopsis

The Supreme Court on November 6, 2024, altered the conviction of four men from murder to culpable homicide not amounting to murder, as it found that the incident lacked premeditation and could have resulted from a sudden altercation

A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan partly allowed an appeal filed by Devendra Kumar and others and sentenced them to the period of 12 years already undergone by them prior to their release on bail in 2015.

Examining the appeal, the court said in view of the credible testimony of the eyewitnesses, there was no reason to interfere with the finding of the trial court as well as the High Court that it was on account of the injuries caused by the appellants that the deceased had died.

The court only considered whether the case would fall under Section 302 IPC. 

The bench noted that there was previous enmity between the parties. The accused persons were in possession of the land in question. A month prior to the date of the incident, an FIR was lodged by the wife of the appellant No 1-Devendra Kumar against the deceased since he had tried to dispossess the appellants.

From the evidence of the complainant and village Sarpanch, the court found that it was clear that there was a quarrel between the appellants and the deceased. 

"The weapons used by the accused persons are axe and sticks, which are commonly used by the agriculturists. There is no material on record to show that there is any premeditation," the bench said.

Taking into consideration all these aspects, the bench said, "The possibility of offence being committed by the appellants without premeditation in a sudden fight in a heat of passion upon a sudden quarrel cannot be ruled out."

Also from the nature of the injuries sustained by the deceased, the bench opined that it could not be said that the appellants had taken undue advantage or acted cruelly or unusually.

"In that view of the matter, we find that the appellants would be entitled to benefit of doubt and the conviction under Section 302 IPC needs to be altered to the one under Part I of Section 304 IPC," the bench said.

The appeal challenged the judgment and order of October 4, 2010, passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur.

The High Court had dismissed the criminal appeal preferred by the appellants and upheld the order of conviction and sentence of October 17, 2003 passed by the Additional Sessions Judge (FTC), Kawardha (CG).

A complaint was lodged by one Dhannu Das, the betel shopkeeper on December 20, 2002 that appellants had assaulted the deceased, namely Bahal, with lathis, a rod and an axe after making a threat that they would kill him. In the incident, Rajni Bai, mother of the deceased was also assaulted by appellant No.1-Devendra and appellant No. 2-Rohit who were armed with lathis whereas Appellant No. 3-Banauram was carrying an axe and Appellant No.4-Kuleshwar a rod. Bahal succumbed to his injuries on the same day.

Case Title: Devendra Kumar & Ors Vs State of Chhattisgarh