VidhiSangh

Supreme Court of India · 24/09/2024

SUNIL @ SONU ETC. versus STATE NCT OF DELHI

[2024] 9 S.C.R. 616 · 2024 INSC 727

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Summary

The Supreme Court upheld the finding that the two appellants caused the deceased's death by knife injuries, but altered their murder conviction to culpable homicide under Part I of Section 304 IPC. The delayed FIR, contradictions in the eyewitnesses' evidence and the unexplained injuries on the accused made a sudden fight without premeditation a possible version, entitling them to the benefit of doubt; they were sentenced to the period already undergone.

Issues

  1. Whether the prosecution proved that the appellants caused the homicidal death of the deceased.
  2. Whether the conviction under Section 302 IPC should be reduced to a lesser offence where the FIR was delayed, the eyewitness evidence was inconsistent, and the injuries on the accused were unexplained.

Provisions considered

Held

Result

Appeals partly allowed; conviction under Section 302 read with Section 34 IPC altered to Part I of Section 304 IPC; appellants sentenced to the period already undergone and directed to be released if not required in any other case.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 616.