VidhiSangh

Supreme Court of India · 17/07/2023

ARVIND KUMAR versus STATE OF NCT, DELHI

[2023] 10 S.C.R. 713 · 2023 INSC 622

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Summary

The Court replaced a murder conviction with conviction for causing death by negligence when a police carbine discharged during a scuffle. The prosecution did not prove homicidal intention or knowledge, but leaving the automatic weapon’s safety lever unsecured was gross negligence. The appellant had already served more than the maximum punishment for the lesser offence.

Issues

  1. Whether the shooting established culpable homicide or instead death by a rash or negligent act.
  2. What effect the alleged immediate statements had under the same-transaction evidence rule.

Provisions considered

Held

Result

Appeal partly allowed; Section 302 conviction replaced by Section 304A IPC. Maximum prescribed sentence already served, no further imprisonment required and bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 713.