Appeal for Reduction of Sentence in Murder Conviction: Court Modifies Conviction to Voluntary Manslaughter.
03 December 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law | Murder Homicide >> Criminal Law
In Hare Ram Yadav v/s State of Bihar., the appellant challenges the judgment of the High Court which upheld his conviction for murder (Section 302 of the IPC). The appellant, a tenant of Ranglal Yadav (PW-5), was accused of killing the latter's wife in a sudden altercation. The wife had objected to the appellant’s abusive behavior, which led to him attacking her with a knife, causing her death. The appellant was convicted by the trial court, and the High Court dismissed his appeal.
The appellant's counsel argued that the witnesses were all relatives of the deceased, and no physical evidence, such as the knife, was recovered. Furthermore, he contended that the crime occurred in a fit of anger and not premeditated, suggesting a conviction under Section 304 (voluntary manslaughter) instead of Section 302.
The court found that despite the witnesses being related, their testimonies were credible, and the appellant was indeed responsible for the victim's death. However, the court accepted that the act was committed in the heat of the moment and without premeditation. As a result, the conviction was reduced to Section 304 Part-I (culpable homicide not amounting to murder), and the appellant was sentenced to the period already undergone (nine years and ten months in custody), as sufficient punishment had already been served.
Section 302., Indian Penal Code - 1860
Section 304., Indian Penal Code - 1860