NO PREMEDITATION ON THE PART OF THE APPELLANT TO COMMIT MURDER – CONVICTED FOR CULPABLE HOMOCIDE – SC
In a recent judgment, the Supreme Court of India has reduced the sentence of an appellant convicted under Sections 304(ii) and 506(i) of the Indian Penal Code (IPC). The court, led by Justice Bela M. Trivedi, upheld the appellant’s acquittal for the offense under Section 302 of the IPC. Citing the absence of premeditation and undue advantage, the court decided to reduce the sentence imposed on the appellant.
The appellant and the deceased were involved in a fight, with the court finding no evidence of premeditation or cruelty in the appellant’s actions. The judgment states, “The fight had occurred between appellant and the deceased on the spot and there was no premeditation on the part of the appellant to commit murder of the deceased.” Considering these findings, the court determined that the interest of justice would be best served by reducing the appellant’s sentence.
Accordingly, the Supreme Court ordered the appellant to undergo five years of rigorous imprisonment for the offense under Section 304(ii) of the IPC. The remaining portion of the sentence imposed by the lower courts remained unchanged. The decision was delivered on 21st March 2023 and marks a significant development in the criminal appeal.
Date of Decision: 21.03.2023
PANNEER SELVAM vs STATE OF TAMIL NADU
