VidhiSangh

Supreme Court of India · 30/10/2023

BIRBAL NATH versus THE STATE OF RAJASTHAN & ORS

[2023] 14 S.C.R. 85 · 2023 INSC 957

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Summary

The Supreme Court set aside the High Court’s acquittals on the major charges, finding that minor variations did not discredit the injured eyewitness and that the defence injuries did not establish a free fight. It nevertheless gave a limited benefit of doubt about premeditation: murder was altered to Section 304 Part I and attempted murder to Section 308, with seven and three years’ rigorous imprisonment respectively, concurrently. The remaining trial findings and sentences were retained.

Issues

  1. Whether inconsistencies with a police statement justified discarding the injured eyewitness’s testimony.
  2. Whether the record supported homicide liability and, if so, the applicable offence and sentence.

Provisions considered

Held

Result

Both appeals allowed; High Court order quashed. Trial murder and attempt findings altered to Sections 304 Part I and 308 with seven and three years’ rigorous imprisonment, concurrently; other trial findings and sentences retained. Case against deceased accused abated; survivors to surrender within four weeks, with custody credit.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 85.