VidhiSangh

Supreme Court of India · 03/11/2023

MARKASH JAJARA versus THE STATE OF ASSAM & ANR.

[2023] 14 S.C.R. 834 · 2023 INSC 1015

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Summary

The Supreme Court reduced the appellant’s liability for killing his son-in-law from murder to culpable homicide not amounting to murder, and replaced life imprisonment with ten years’ rigorous imprisonment. Reading the daughter’s testimony as a whole, the Court found sustained provocation from the deceased’s recurring drunken ill-treatment, culminating in loss of self-control, rather than a premeditated intention to kill. The conclusion was expressly grounded in the circumstances of the case.

Issues

  1. Whether the circumstances brought the killing within the provocation exception to murder.
  2. What sentence was appropriate after modification of the offence.

Provisions considered

Held

Result

Appeal partly allowed; murder finding modified to culpable homicide not amounting to murder and life sentence replaced with ten years’ rigorous imprisonment. Release on completion unless required in another case; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 834.