VidhiSangh

Supreme Court of India · 06/12/2024

KUNHIMUHAMMED@KUNHEETHU versus THE STATE OF KERALA

[2024] 12 S.C.R. 392 · 2024 INSC 937

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Summary

The Supreme Court upheld the appellant's conviction for murder of a political rival, whom he repeatedly stabbed in the chest and heart with a knife during a clash. It refused to convert the offence to Section 304 IPC: the injuries fell within clause thirdly of Section 300, Exception 2 (exceeding private defence) did not apply, and parity, old age and ill-health could not reduce the minimum sentence of life imprisonment.

Issues

  1. Whether the fatal stabbing, said to have occurred in a sudden scuffle without premeditation, amounted to murder under Section 300 IPC or only culpable homicide not amounting to murder punishable under Section 304 Part II IPC.
  2. Whether the appellant could claim Exception 2 to Section 300 IPC on the ground that he exceeded the right of private defence.
  3. Whether the appellant's sentence should be reduced on grounds of parity with co-accused, old age and ill-health.

Provisions considered

Held

Result

Appeal dismissed; conviction under Sections 302, 324 and 326/34 IPC and the sentence of life imprisonment upheld.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 392.