Case Note & Summary
The appellant, Ramu, appealed against the judgment of the High Court of Allahabad which had altered the conviction of five other co-accused while confirming his conviction for an offence under Section 302 read with Section 149 IPC. The incident occurred on 21.7.1978 when Rani Bitti (PW-1) and her son Satti confronted Ramu (A-1) over an unpaid debt, leading to a chase and subsequent attack by Ramu and others. Satti suffered fatal injuries, including an incised wound allegedly inflicted by Ramu with a bhala. The Sessions Court convicted Ramu under Section 302 IPC and sentenced him to life imprisonment. However, the High Court acquitted him of the murder charge, finding him guilty under Section 304 IPC, resulting in a 7-year sentence. The Supreme Court examined the evidence and concluded that Ramu lacked motive and intent to kill, determining that the act constituted grievous hurt rather than culpable homicide. Consequently, the court altered the conviction to Section 326 IPC and imposed a 3-year sentence, considering the time elapsed since the incident and the absence of enmity. The court ordered the appellant to surrender to serve the remainder of his sentence, with a recommendation for remission for the time already served.
Headnote
A) Criminal Law - Nature of Offence - Culpable Homicide vs. Grievous Hurt - Conviction altered from Section 304 IPC to Section 326 IPC - The court found that the appellant did not have motive or intention to cause fatal injury, and the act was committed during a melee, warranting a lesser charge. The court held that the appellant's actions constituted grievous hurt punishable under Section 326 IPC, leading to a sentence of 3 years' rigorous imprisonment (Paras 1-3).
Issue of Consideration
What is the nature of the offence committed by the appellant?
Final Decision
The Supreme Court altered the conviction of the appellant from Section 304 IPC to Section 326 IPC, sentencing him to 3 years' rigorous imprisonment. The court ordered the appellant to surrender to serve the remainder of his sentence and recommended remission for the time already served.
Law Points
- Culpable homicide
- Grievous hurt
- Use of deadly weapon
- Alteration of conviction
- Remission of sentence
