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The court ruled that the incident was not a pre-planned murder, but rather a result of a sudden fight and thus amounted to culpable homicide
The Supreme Court (SC) has commuted the life imprisonment sentence of three convicts to seven years rigorous imprisonment in a 38-year-old murder case that originated from a trivial dispute between children over mangoes.
The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah carefully examined the evidence and circumstances surrounding the case. After considering the post-mortem report, witness statements, and other evidence, the court concluded that while the injuries inflicted were fatal, the use of "lathis" (sticks) and the absence of premeditation rendered the case culpable homicide and not murder.
The incident dates back to April 19, 1984, when a fight broke out between children from two families over mangoes in a village in Uttar Pradesh. The altercation quickly escalated into a violent confrontation between the adults, resulting in the death of one of the fathers. The five accused were subsequently convicted of murder and sentenced to life imprisonment by the Additional Sessions Judge. The convicts appealed the decision, and the case eventually reached the Supreme Court.
The court said “the nature of the injuries (as according to the postmortem report itself, only injury Nos.1 and 2 on the skull causing the death of the deceased-Vishwanath Singh) and also considering the nature of the weapon used which is a lathi, we are inclined to accept the argument that it is indeed a case of culpable homicide not amounting to murder and it is not murder.”
The SC, therefore, converted the conviction under Section 302 of the IPC to Section 304 Part-I, reducing the sentence to seven years rigorous imprisonment. Additionally, the court imposed a fine of Rs. 25,000 on each convict, to be paid to the victim's family within eight weeks. The District Magistrate of Gonda, UP, has been tasked with ensuring compliance with the court's order.
Advocate Jagjit Singh Chhabra and AOR Saksham Maheshwari appeared for the appellant, while the respondent was represented by AOR Namit Saxena.
Cause Title: MAN BAHADUR SINGH & ORS. v THE STATE OF UTTAR PRADESH [CRIMINAL APPEAL NO.2209 OF 2024]
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