02 August 2024 Criminal Trial >> Criminal Law   |   Murder Homicide >> Criminal Law  

In a recent judgment of Devendra Singh v/s State of Uttar Pradesh, the Supreme Court has partly allowed the appeal of Devendra Singh, challenging the Allahabad High Court's decision that upheld his conviction for murder under Section 302 of the Indian Penal Code (IPC). The High Court's ruling, dated January 8, 2019, confirmed the trial court's decision, which sentenced Singh to life imprisonment for the killing of Parpoor Singh in 1986. However, the Supreme Court has now modified this conviction, reducing it to a charge under Section 304 Part-I of the IPC and imposing a revised sentence.

Case Background:

The case traces back to May 29, 1986, when Dharam Pal Singh (PW-1) filed a police report alleging that Devendra Singh and his co-accused, Yogendra Pratap Singh, had fatally attacked Parpoor Singh due to a personal dispute. The FIR was registered under Crime No. 70 of 1986 at Police Station Afzalgarh, leading to the arrest of the accused and the recovery of a blood-stained knife. The deceased succumbed to his injuries on the same day.

The conflict had roots in an earlier incident where Singh allegedly molested Dharam Pal Singh's wife. The deceased had confronted Singh about this, which escalated tensions. On the evening of the attack, during a marriage procession, the accused reportedly provoked a confrontation with the deceased. In the ensuing altercation, Singh allegedly stabbed the deceased while his co-accused restrained him.

Court Proceedings:

Following the preliminary investigation, the case was committed to the Sessions Court. Both Singh and his co-accused were charged under Section 302 of the IPC. The trial court, after evaluating the evidence, convicted Singh of murder and sentenced him to life imprisonment. The co-accused was also convicted under Section 302 read with Section 114 of the IPC.

On appeal, the High Court upheld the trial court's decision, finding no grounds to overturn the conviction. Singh then approached the Supreme Court, which was asked to consider whether the conviction should be altered to a lesser charge, specifically under Section 304 of the IPC.

Supreme Court's Decision:

In its recent ruling, the Supreme Court focused on the nature of the incident and the evidence presented. The Court noted that the attack occurred in a sudden altercation without premeditation. The use of a pocketknife and the fact that only a single injury was inflicted suggested a lack of intent to kill.

The Court observed that the injuries sustained by both the accused and the deceased, as well as the circumstances of the altercation, indicated that the crime could be categorized under Part-II of Section 304 IPC, which pertains to culpable homicide not amounting to murder. The Supreme Court found that the appellant had acted in the heat of the moment rather than with premeditated intent to cause death.

Given these considerations, the Supreme Court decided to alter Singh's conviction from Section 302 IPC to Section 304 Part-I IPC. The Court imposed a revised sentence of eight years of rigorous imprisonment, reflecting the reduced severity of the offense.

Conclusion:

The Supreme Court's decision represents a significant shift in the legal characterization of the crime committed by Devendra Singh. While the original conviction of murder has been altered to culpable homicide not amounting to murder, the revised sentence underscores the Court's recognition of the case's specific circumstances. This judgment serves as a reminder of the judiciary's role in ensuring that justice is both fair and proportionate to the nature of the offense.

  Indian Penal Code, 1860    Code of Criminal Procedure, 1973