Appellants Entitled to Benefit of Doubt: Supreme Court Alters Conviction From 302 IPC To 304-Part II

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the Supreme Court of India altered the conviction of the appellants involved in an altercation that led to a death. The bench, comprising Justice B.R. GAVAI, Justice B.V. NAGARATHNA, and Justice PRASHANT KUMAR MISHRA, delivered the judgment on November 03, 2023.

The case revolved around an incident where the appellants were part of an unlawful assembly accused of assaulting the complainant party, resulting in the death of an individual named Madan. The appellants were initially convicted under Section 302 of the Indian Penal Code (IPC).

In the judgment, the court observed, ”Undisputedly, from the evidence of Chironji (PW-6) and Ramhet (PW-12), it is clear that the present appellants were members of the unlawful assembly.” However, the court also noted that there was no specific role attributed to the appellants in assaulting the deceased Madan.

The defense highlighted that the accused had sustained injuries during the altercation, which were not explained by the prosecution. The court acknowledged this point, stating, ”The injuries sustained by three accused persons are not at all explained. The trial court and the High Court have not considered this aspect of the matter.”

Considering the possibility that the accused did not intend to cause death, the Supreme Court altered the conviction, stating, ”We are therefore of the considered view that the appellants are entitled to benefit of doubt. The conviction under Section 302 IPC would not be sustainable.”

The court concluded by altering the conviction under Section 302 IPC to Part-II of Section 304 IPC and sentencing the appellants to rigorous imprisonment for 7 years.

This judgment underscores the importance of considering all aspects of a case, including the intention behind the actions and the circumstances surrounding the incident.

Date of Decision: 03 November 2023

PARSHURAM VS STATE OF M.P.