VidhiSangh

Supreme Court of India · 06/11/2024

DEVENDRA KUMAR & ORS. versus STATE OF CHHATTISGARH

[2024] 11 S.C.R. 523 · 2024 INSC 841

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

Summary

The Supreme Court accepted the eyewitness evidence that the appellants caused the deceased's death in an assault with lathis, an axe and a rod, but altered their conviction from murder under Section 302 IPC to Part I of Section 304 IPC, holding that, given the land dispute, the quarrel near the appellants' field, the agricultural weapons used and the absence of premeditation, the possibility of a sudden fight in the heat of passion could not be ruled out.

Issues

  1. Whether the death of the deceased was homicidal and caused by the injuries inflicted by the appellants.
  2. Whether the offence fell under Section 302 IPC or a lesser offence, given the prior land dispute and the circumstances of the quarrel.

Provisions considered

Held

Result

Appeal partly allowed. Conviction under Section 302 IPC altered to Part I of Section 304 IPC; appellants sentenced to the period already undergone (over 12 years); bail bonds discharged.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 523.