Appeal Judgment on Conviction for Murder: Conversion of Charge to Culpable Homicide Not Amounting to Murder.


03 December 2024 Murder Homicide >> Criminal Law  

In Hare Ram Yadav v/s State of Bihar., the appellant’s appeal challenges his conviction under Section 302 of the Indian Penal Code (IPC) for the murder of his landlord’s wife, which was upheld by the Patna High Court. The incident occurred on 9th November 2015, when the appellant, angry over the removal of bricks from his door, assaulted the deceased with a knife, leading to her death. The appellant was initially convicted of murder and sentenced to life imprisonment.

The appellant contested the conviction, arguing that the witnesses were all relatives of the deceased, and there was no physical evidence linking him to the crime, including the absence of the alleged murder weapon. He also argued that the incident occurred in a sudden quarrel due to provocation, and thus, the charge should be reduced to culpable homicide not amounting to murder under Section 304 of the IPC.

 
 

The Court, after reviewing the case, found that although the incident occurred due to a trivial dispute and lacked premeditation, it still resulted in the death of the deceased. The testimonies of the eyewitnesses, despite being family members, were found credible. However, considering the circumstances of provocation and the sudden nature of the fight, the Court decided to reduce the charge to Section 304, Part-I (culpable homicide not amounting to murder).

The appellant, having already served about nine years and ten months of imprisonment, was released, with the period already served deemed sufficient for justice. The appellant was directed to pay the imposed fine within two weeks. The appeal was partly allowed with a modified sentence.


Section 302., Indian Penal Code - 1860  

Section 304., Indian Penal Code - 1860  

Indian Penal Code, 1860