VidhiSangh

Supreme Court of India · 15/09/2021

MOHD. RAFIQ @ KALLU versus THE STATE OF MADHYA PRADESH

[2021] 9 S.C.R. 163 · 2021 INSC 481

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

Summary

The Court altered the truck driver’s murder conviction to culpable homicide under Section 304 Part I IPC and replaced life imprisonment with ten years’ rigorous imprisonment, retaining the fine. The evidence established that the officer was shaken off as the driver resisted stopping and drove on, but did not prove a deliberate intention to run him over. The unpremeditated, disproportionate reaction nevertheless supported intention to cause bodily injury likely to cause death. The precise evidentiary record justified Part I rather than murder; the appeal was allowed on those terms.

Issues

  1. Whether the established conduct and mental element amounted to murder or culpable homicide not amounting to murder.
  2. What conviction and sentence followed from the evidentiary limits on the alleged deliberate running-over.

Provisions considered

Held

Result

Appeal allowed to alter conviction to Section 304 Part I IPC and substitute ten years’ rigorous imprisonment; fine retained, no costs.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 163.