Stabbed Friend’s Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC

Case: Sri Manjit Sarkar @ Babu Sarkar v. The State of Assam & Anr.

Coram: Justice Michael Zothankhuma and Justice Malasri Nandi

Case No.: Crl.A./54/2020

Court Observation: The evidence on record shows that the appellant and the deceased were friends for a very long time and they used to take alcohol together. On the day of the incident they had gone to the house of PW-3, where they drank liquor. There is nothing in the evidence to show that there was any enmity between the appellant and the deceased. As such, there is nothing to show that there was any reason for the appellant to have premeditated the murder of the deceased.

On considering the fact that there was nothing prior to the said altercation to show that there was any reason for the appellant to have stabbed the deceased, we are of the view that due to the quarrel that had ensued and in the heat of passion and under the influence of alcohol, the appellant stabbed the deceased. As such, we are of the view that the action of the appellant falls under Exception 4 of Section 300 (Murder) of IPC.

Previous Posts

Murder Charge Ought To Have Been Principal Charge, Trial Court Committed Grave Error: Bombay HC While Acquitting Husband In Dowry Death Case

Cases Pending For Years, Introspection By Judiciary Necessary; Otherwise People Will Lose Faith: Kerala High Court Issues Directions To Registry

Judicial Strictures Must Be Passed With Utmost Circumspection, Criticism May Have Devastating Effect On Professional Career Of Officers: Delhi High Court

‘Caesar’s Wife Must Be Above Suspicion’: Delhi High Court Upholds Dismissal Of RBI Employee

Madras HC Illustrates Parameters To Determine What Is ‘Urgent Interim Relief’ To Avoid Pre-Institution Mediation U/S 12A Commercial Courts Act

Keywords

Stabbed Friend’s Neck, Heat Of Moment