Case Note & Summary
The case arises from an incident on 21 October 2010 where the complainant Kalekhan and his brother Sardarkha were at Bazar Pati Chowk. The accused, including Asif Khan (appellant), demanded water from a common well, which was refused. An altercation ensued, and the accused left on a motorcycle, returning after ten minutes with a knife. Accused No.1 Nasibkha stabbed Sardarkha in the right rib, while the appellant Asif Khan held his neck. Sardarkha died from the injury. The trial court convicted Nasibkha and Asif Khan under Section 304 Part II read with Section 34 IPC, acquitting them of murder, and acquitted other accused. The High Court, on appeals by the State and complainant, reversed the acquittal under Section 302 IPC and convicted both under Section 302 read with Section 34 IPC, dismissing the accused's appeals. The Supreme Court, after hearing, dismissed the appeal of Asif Khan, upholding the High Court's judgment. The Court noted that the accused left the scene after the first altercation and returned with a deadly knife, indicating premeditation and intention to kill. The medical evidence confirmed the injury was sufficient to cause death. The Court rejected the argument that the case fell under Section 304 Part II, as the conduct demonstrated clear intention. The conviction under Section 302 read with Section 34 IPC was affirmed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Common Intention - Section 34 IPC - Premeditation - The accused, after an initial altercation, left the scene and returned after ten minutes with a deadly knife, indicating premeditation and intention to kill. The Supreme Court held that the High Court correctly convicted the appellant under Section 302 read with Section 34 IPC, as the act of returning with a weapon after cooling-off period demonstrated clear intention to cause death (Paras 12-13). B) Criminal Law - Culpable Homicide - Section 304 Part II IPC - Distinction from Murder - The trial court's conviction under Section 304 Part II was set aside because the accused's conduct of leaving and returning with a deadly weapon showed intention, not merely knowledge. The High Court's finding of perversity in the trial court's reasoning was upheld (Paras 12-13). C) Criminal Law - Common Intention - Section 34 IPC - Pre-arranged Plan - The appellant held the deceased's neck while co-accused stabbed, establishing common intention. The Supreme Court affirmed that the sequence of events proved a pre-arranged plan to commit murder (Paras 12-13).
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 IPC was justified or whether it should have been under Section 304 Part II IPC.
Final Decision
The Supreme Court dismissed the appeals, upholding the High Court's judgment convicting the appellant Asif Khan under Section 302 read with Section 34 IPC and sentencing him to life imprisonment.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Section 34 IPC
- Common Intention
- Premeditation
- Murder
- Culpable Homicide not amounting to murder
