VidhiSangh

Supreme Court of India · 19/01/2018

ATUL THAKUR versus STATE OF HIMACHAL PRADESH ETC. ETC.

[2018] 1 S.C.R. 245 · 2018 INSC 37

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Summary

The Supreme Court converted Atul Thakur’s murder conviction to culpable homicide under Section 304 Part II, applying Exception 4 to Section 300 on the established sudden-fight facts. Knife use and six injuries did not alone exclude the exception where there was no premeditation, undue advantage or cruel conduct as found by the Court. It nevertheless rejected restoration of the trial court’s five-year sentence and imposed ten years’ rigorous imprisonment, Rs. 10,000 fine and one year’s default imprisonment, with statutory set-off.

Issues

  1. Whether the sudden fight attracted Exception 4 despite multiple knife injuries.
  2. Whether the original five-year sentence should be restored.

Held

Result

Appeals partly allowed. Section 302 conviction replaced by Section 304 Part II; ten years’ rigorous imprisonment, Rs. 10,000 fine and one year’s default imprisonment imposed, with statutory set-off.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 245.