Case Note & Summary
The case involved an appeal against the conviction of the appellant for the murder of Nathi under Sections 302 and 309 of the Indian Penal Code (IPC). The appellant, Narendra, was accused of killing Nathi, who had developed a relationship with him after leaving her matrimonial home. On March 19, 2003, while Nathi was alone at her parents' house, PW-3 Naresh Salvi discovered the appellant inflicting stab wounds on her. The prosecution presented evidence from multiple witnesses, including PW-3, who testified to witnessing the attack. The trial court convicted the appellant, sentencing him to life imprisonment for murder and additional imprisonment for attempted suicide. The appellant contended that the act was consensual, claiming a suicide pact with Nathi. The High Court upheld the conviction, leading to the present appeal. The Supreme Court analyzed the evidence, particularly the nature of the relationship between the appellant and the deceased, and the circumstances surrounding the incident. The court noted that while the relationship was not accepted by the villagers, there was no concrete evidence of a suicide pact or consent from Nathi for her death. Ultimately, the court modified the conviction from murder to culpable homicide not amounting to murder under Section 304 Part I IPC, considering the appellant's long custody period and the circumstances of the case. The appellant was ordered to be released if not required in any other case.
Headnote
A) Criminal Law - Culpable Homicide - Exception 5 IPC - Consent of Deceased - The court examined whether the accused acted with the deceased's consent in a suicide pact, which is a critical factor under Exception 5 of Section 300 IPC. The court found insufficient evidence to establish free and voluntary consent of the deceased, leading to the conclusion that the act was intentional homicide rather than consensual. Held that the conviction under Section 302 IPC was modified to Section 304 Part I IPC (Paras 15-18).
Issue of Consideration
Whether the homicide falls under Exception 5 of Section 300 IPC and if the conviction should be modified under Section 304 Part I IPC.
Final Decision
The Supreme Court modified the conviction from Section 302 IPC to Section 304 Part I IPC, sentencing the appellant to the period already undergone. The sentence under Section 309 IPC was ordered to run concurrently, and the appellant was to be released if not required in any other case.
Law Points
- Culpable homicide
- Exception 5 IPC
- Consent
- Suicide pact
- Conviction modification
