VidhiSangh

Supreme Court of India · 27/07/2023

NO.15138812Y L/NK GURSEWAK SINGH versus UNION OF INDIA & ANR.

[2023] 10 S.C.R. 1139 · 2023 INSC 648

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court reduced a soldier’s murder conviction to culpable homicide under Section 304 Part I after a sudden dispute over seniority. He had been unarmed, snatched the deceased’s rifle, fired one round and then helped take him to hospital. In the combined circumstances Exception 4 to Section 300 applied. Intent to cause bodily injury likely to cause death nevertheless made Part I, rather than Part II, appropriate.

Issues

  1. Whether the sudden-fight exception to murder applied on the proved circumstances.
  2. Whether culpability fell under Part I or Part II of Section 304 and what sentence was appropriate.

Provisions considered

Held

Result

Appeal partly allowed; Section 302 conviction altered to Section 304 Part I, with imprisonment limited to the term already undergone. The appellant was already on bail; bail bonds stood cancelled.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1139.