VidhiSangh

Supreme Court of India · 12/01/2023

MOHINDER PAL AND OTHERS versus STATE OF J & K

[2023] 1 S.C.R. 375 · 2023 INSC 26

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Summary

Two young men were found unconscious in the accused family's house at Jagatpur, Kathua in 1990 and later died. The appellants, sons of the first accused, were convicted of murder under the Ranbir Penal Code on a dying declaration and the evidence of the deceased's brother and another witness. The Supreme Court found that the prosecution had suppressed the genesis of the incident. The three accounts of why the deceased came to the house were contradictory, and the investigating officer left unexplained the head injury suffered by the first accused, who said intruders had attacked him. The possibility that the accused, provoked by that assault, acted under grave and sudden provocation could not be excluded. The conviction was altered to Section 304 Part I, with the sentence limited to the roughly ten years already served.

Issues

  1. Whether the appellants' conviction for murder under Section 302 of the Ranbir Penal Code could stand where the prosecution's accounts of the genesis of the incident were contradictory and the injuries to the first accused were left unexplained.

Provisions considered

Held

Result

Criminal Appeal No. 1863 of 2010 against the Jammu and Kashmir High Court judgment dated 05.06.2009 in Crl. A. No. 9 of 1991 partly allowed; the appellants' conviction altered to Section 304 Part I of the Ranbir Penal Code with sentence reduced to the period undergone, and their bail bonds discharged.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 375.