Case Note & Summary
The State of Madhya Pradesh appealed against the High Court's judgment modifying the conviction of the respondent, Mohar Singh, from Section 302 IPC (murder) to Section 304 Part-I IPC (culpable homicide not amounting to murder). The incident occurred on 09.03.1993 when the respondent and co-accused Ajab Singh were hurling abuses at the deceased, Bhagwan Singh. When the deceased objected, Ajab Singh instigated the respondent to bring his gun. The respondent brought a gun from his house and fired a single shot, hitting the deceased's neck, causing death on the spot. The Trial Court convicted the respondent under Section 302 IPC and sentenced him to life imprisonment, while acquitting the co-accused. On appeal, the High Court noted that the respondent caused a single gunshot injury during a heated altercation and on instigation by an acquitted co-accused. It held that the act did not attract Section 302 IPC but fell under Section 304 Part-I IPC, and sentenced the respondent to the period already undergone (about seven years and six months) with a fine of Rs.15,000, which was paid. The Supreme Court, after hearing both sides, found no perversity in the High Court's judgment and dismissed the appeal, upholding the modification of conviction and sentence.
Headnote
A) Criminal Law - Murder vs. Culpable Homicide - Section 302 IPC, Section 304 Part-I IPC - Single Gunshot Injury - Heated Altercation - The respondent fired a single gunshot at the deceased during a heated altercation after being instigated by a co-accused who was acquitted. The High Court modified the conviction from Section 302 IPC to Section 304 Part-I IPC, holding that the act did not attract murder. The Supreme Court upheld this, finding no perversity in the High Court's judgment. (Paras 5-6)
Issue of Consideration
Whether the High Court was justified in modifying the conviction of the respondent from Section 302 IPC to Section 304 Part-I IPC based on the facts and circumstances of the case.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's judgment modifying the conviction from Section 302 IPC to Section 304 Part-I IPC and the sentence of period already undergone with fine of Rs.15,000.
Law Points
- Section 302 IPC
- Section 304 Part-I IPC
- Single gunshot injury
- Heated altercation
- Instigation
- Reduction of sentence
