No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case

In a significant judgment, the Kerala High Court has modified the convictions of the appellants involved in a fatal incident during a football tournament. The court upheld the trial court’s findings on the formation of an unlawful assembly and causing injuries but reduced the murder charges to culpable homicide not amounting to murder for the primary accused. The decision, delivered by a bench comprising Justices P.B. Suresh Kumar and M.B. Snehalatha, emphasizes the nuanced interpretation of collective intent and individual culpability in violent group actions.

The case arose from a deadly altercation that occurred after a football tournament final on February 8, 2008. A dispute following the match led to a violent clash, resulting in the death of Abdul Nazar and injuries to several others. The accused, involved in organizing the tournament, were charged with forming an unlawful assembly and committing murder, grievous hurt, and conspiracy under various sections of the Indian Penal Code (IPC) and the Code of Criminal Procedure (Cr.P.C.).

The court noted the medical evidence provided by PW20, the doctor who conducted the autopsy, which confirmed that Abdul Nazar died from head injuries consistent with blows from wooden reapers. The court emphasized that the medical reports supported the prosecution’s case about the fatal injuries inflicted during the clash.

Multiple witnesses, including injured parties, corroborated the sequence of events. PWs 1 to 4 and 27 provided consistent accounts of the accused’s actions during the incident. The court found their testimonies credible, noting that identification parades conducted during the investigation further validated their accounts.

The court upheld the trial court’s finding that the accused formed an unlawful assembly with a common object to assault. It noted, “The common object can be inferred from the nature of the assembly, the arms used, and their behavior.” The use of wooden reapers and sticks indicated a shared intent to cause harm, though not necessarily to kill.

The court concluded that the common object was to beat the members and supporters of the opposing team, not to commit murder. Consequently, it modified the conviction under Section 302 IPC (murder) to Section 304 Part I IPC (culpable homicide not amounting to murder) for accused 1 to 3, who were directly involved in inflicting the fatal blows.

The court found insufficient evidence to prove a premeditated conspiracy (Section 120B IPC) to commit murder. It held that the clash appeared to be a spontaneous reaction rather than a planned attack.

“The evidence on record is not sufficient to infer that all the accused assaulted the deceased and the injured in furtherance of a prior meeting of minds and consequent agreement,” the court stated. It added, “The common object was only to give a beating, and there is no evidence to suggest knowledge that death was likely to be caused in prosecution of this object.”

The Kerala High Court’s judgment partially allowing the appeal reflects a careful examination of collective and individual culpability in violent incidents. By modifying the murder charges and emphasizing the lack of conspiracy, the court underscored the importance of nuanced legal interpretations in upholding justice. The appellants’ release, having served sufficient time, highlights the court’s balanced approach to sentencing and the differentiation of criminal intent.

Date of Decision: June 21, 2024