VidhiSangh

Supreme Court of India · 08/11/2019

AWADHESH KUMAR versus STATE OF U.P. & ANR.

[2019] 17 S.C.R. 185 · 2019 INSC 1229

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

Summary

The complainant challenged conversion of a murder conviction to culpable homicide under Section 304 Part I IPC. The accused had arrived armed and fired at an unarmed woman from close range. The Court held that the circumstances did not attract the sudden-fight exception and restored the trial court’s conviction under Section 302 IPC.

Issues

  1. Whether absence of pre-planning and a claimed heat-of-passion quarrel justified Exception 4 to Section 300 IPC on the proved facts.
  2. Whether findings made when acquitting the other accused assisted the person who fired the fatal shot.

Held

Result

Appeal allowed. The High Court’s conversion to Section 304 Part I IPC was set aside and the trial court’s Section 302 conviction restored. The accused was directed to surrender within three months to undergo the trial court’s sentence.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 185.