VidhiSangh

Supreme Court of India · 02/05/2018

TULARAM versus THE STATE OF MADHYA PRADESH

[2018] 5 S.C.R. 671 · 2018 INSC 444

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Summary

The Supreme Court altered Tularam’s murder conviction to culpable homicide under section 304 Part II IPC. In the sudden, unpremeditated fight, all conditions of Exception 4 to section 300 were satisfied. On the evidence, the intention required for murder or Part I was not established merely because he pierced the deceased’s chest with a spear, though knowledge of likely fatal injury was attributable. Having already spent almost fourteen years in custody, he was sentenced to the period undergone and directed to be released forthwith.

Issues

  1. Whether the proved sudden fight attracted Exception 4 to section 300 IPC.
  2. Whether the evidence established intention or only knowledge of likely death.
  3. What sentence was appropriate after almost fourteen years’ custody.

Provisions considered

Held

Result

Appeal allowed in the stated terms. Section 302 conviction set aside and section 304 Part II conviction substituted; sentence reduced to incarceration already undergone and release directed forthwith.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 671.