VidhiSangh

Supreme Court of India · 09/08/2019

R. JAYAPAL versus STATE OF TAMIL NADU & ANR.

[2019] 10 S.C.R. 1 · 2019 INSC 885

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Summary

The murder conviction was reduced to culpable homicide under section 304 Part I. Acquittals of the alleged co-participants and unexplained evidence about the location undermined the prosecution’s projected attack. The accused admitted inflicting the fatal injury, but his full private-defence account was also unproved. On the probabilities, the Court accepted a sudden, unpremeditated fight at his doorstep and applied Exception 4 to section 300, imposing ten years’ imprisonment.

Issues

  1. How the co-accused’s final acquittals and uncertainty about the occurrence affected the remaining appellant’s liability.
  2. Whether private defence or the sudden-fight exception applied.

Provisions considered

Held

Result

Appeal partly allowed; section 302 conviction altered to section 304 Part I and imprisonment fixed at ten years. Fine and default stipulation maintained.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 1.