VidhiSangh

Supreme Court of India · 08/05/2018

GURWINDER SINGH @ SONU ETC. versus STATE OF PUNJAB AND ANR.

[2018] 4 S.C.R. 362 · 2018 INSC 457

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Summary

The Supreme Court applied the sudden-fight exception and reduced the appellants’ murder convictions to culpable homicide under section 304 Part I IPC, imposing seven years’ imprisonment. The fatal axe injury was intentionally inflicted and sufficient ordinarily to cause death, supporting Part I rather than Part II. Both sides had sustained injuries in a sudden scuffle during land-dispute discussions. Gurwinder, having served over ten years, was directed to be released unless required elsewhere; Satnam was directed to serve the remaining sentence.

Issues

  1. Whether the circumstances attracted Exception 4 to section 300 IPC.
  2. Whether the altered conviction should fall under Part I or Part II of section 304.
  3. What weight attached to the prosecution’s failure to explain the accused’s injuries.

Provisions considered

Held

Result

Appeals partly allowed. Convictions under section 302 read with section 34 IPC modified to section 304 Part I IPC; seven years’ imprisonment imposed, with separate release and surrender directions for the two appellants.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 362.