LI Network
Published on: 29 July 2023 at 13:15 IST
The Supreme Court has held an Indian Army man guilty of culpable homicide not amounting to murder (Exception 4 to Section 300 of IPC) for killing his colleague.
The appellant was earlier convicted under Section 302 of the Indian Penal Code (IPC) for firing a single fatal bullet from a rifle.
The Bench, comprising Justice Abhay S. Oka and Justice Sanjay Karol, noted that while the act was cruel by ordinary standards, the circumstances suggested that the appellant may have acted in the heat of passion.
The appellant did not fire more bullets despite having the opportunity, did not flee the scene, and helped take the deceased to a hospital.
The incident occurred in 2004 when the appellant and the deceased, both part of a guard unit, had an altercation over inter-se seniority after consuming alcohol.
The appellant snatched a rifle from the deceased and fired one bullet, resulting in the deceased’s death. The appellant was convicted by the Court Martial and sentenced to life imprisonment.
Upon examining the case, the Supreme Court found that the act seemed impulsive, lacking premeditation, and ruled that it fell under culpable homicide not amounting to murder (Section 304 of IPC, Part 1).
The appellant had already served approximately 9 years and 3 months in prison, which the Court considered an appropriate sentence. Thus, the Court sentenced the appellant to the term he had already served and cancelled his bail bonds.
The appeal was partially allowed, and the conviction was altered from Section 302 IPC to Part 1 of Section 304 IPC.