VidhiSangh

Supreme Court of India · 12/07/2022

AJMAL versus THE STATE OF KERALA

[2022] 14 S.C.R. 503 · 2022 INSC 709

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Summary

After a verbal altercation over two motorcycles not giving way to a car, ten accused stopped the car later that night and made the occupants alight. In a further altercation A1 and A3 picked up casuarina sticks and A2 a brick; A1 and A2 each struck the deceased once on the head and neck, and A3 injured three others. The High Court, finding no unlawful assembly, acquitted three accused but sustained the conviction of A1 to A3 under Section 302 read with Section 34 IPC. The Supreme Court held the offence was culpable homicide not amounting to murder under Section 304 Part II: there was no premeditation, the accused were unarmed when they stopped the car and picked up weapons from the spot in a sudden quarrel, each dealt a single blow, the alleged exhortation to kill was not proved and both groups were young men. Sentence reduced to the period already undergone.

Issues

  1. Whether a fatal assault with a stick and a brick picked up from the spot, during a sudden altercation following an earlier quarrel over overtaking, with a single blow each and no proved exhortation to kill, amounts to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC.
  2. What circumstances guide the court in distinguishing murder from culpable homicide not amounting to murder.

Provisions considered

Held

Result

Appeals partly allowed; conviction under Section 302 IPC set aside and the appellants convicted under Section 304 Part II IPC, sentenced to the period already undergone and ordered to be released forthwith unless required in another case; convictions and sentences under Sections 341, 323, 324 and 427 read with Section 34 IPC maintained.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 503.