Supreme Court Reduces Murder Conviction in Land Dispute Case Due to Heat of Passion

The Supreme Court has reduces the sentence of murder to that of culpable homacide in the appeal that arose from a land dispute and turned fatal. The appellants, Devendra Kumar and others, were convicted by the trial court and the same is upheld by the High Court of Chhattisgarh for the murder of Bahal under Section 302 of the Indian Penal Code (IPC). The Supreme Court in its judgment, reduced the conviction from murder to culpable homicide not amounting to murder under Part I of Section 304 IPC.

Brief of the case:
The incident occurred on December 20, 2002, and stemmed from a long-standing land dispute between the families of the appellants and the deceased. The appellants, armed with lathis, a rod, and an axe, assaulted the deceased, who later succumbed to his injuries.

The Supreme Court, while upholding the findings of the lower courts that the death of the deceased was a result of the assault by the appellants, however found merits in the argument that the offense was committed without premeditation and in the heat of passion. The court considered the history of enmity between the parties, the fact that the appellants were in possession of the disputed land, and the absence of evidence suggesting pre-planning of the crime resulted in Supreme Court reducing the conviction.

The court noted that the weapons used were commonly found in agricultural settings and that the incident occurred near the land possessed by the appellants, which is an agliculture land. And based on these factors, the court concluded that the appellants were entitled to the benefit of the doubt, and their conviction under Section 302 IPC was reduced to Part I of Section 304 IPC and the Court hld the following "20. Taking into consideration all these aspects, 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. From the nature of the injuries sustained by the deceased, it cannot be said that the appellants have taken undue advantage or acted in a cruel or unusual manner."

And since the appellants has already served more than 12 years in prison, he has already undergone the sentenced to the period.

Coram: Justice B.R. Gavai, Justice Prashant Kumar Mishra & Justice K.V. Viswanathan.
Between:Devendra Kumar & Ors Vs State Of Chhattisgarh.
Date of Judgment: 06-11-2024