Dehradun: The Uttarakhand High Court has modified the conviction of two men in connection with the death of another following an altercation on the deceased’s rooftop in Sitarganj, Udham Singh Nagar district, on the night of Diwali, November 11, 2015. The court held that the incident resulted from a sudden quarrel and did not conclusively demonstrate an intent to murder.
Judgment Details
A division bench comprising Justice Ravindra Maithani and Justice Siddharth Sah on Thursday altered the conviction of Sudarshan Gupta and Vijay Kumar from IPC Section 302/34 (murder) to culpable homicide not amounting to murder under IPC Section 304. Both appellants were sentenced to seven years of rigorous imprisonment. The court observed that “while it could have been foreseen that the act might lead to a fatal outcome, it could not be conclusively stated that the intention was to cause death.”
Background of the Case
The appeal challenged the August 7, 2023 judgment of the special sessions judge in Udham Singh Nagar, which had awarded life imprisonment for the murder of Janardan Prasad under IPC Section 302/34, along with sentences under Sections 323/34 (voluntarily causing hurt) and 452 (house trespass). All sentences were to run concurrently.
The case originated from an FIR lodged at Sitarganj police station at 1:10 am on November 12, 2015, by resident Chandan Kumar. He alleged that an argument erupted around 9 pm after his father, Janardan, objected to neighbours bursting crackers on a rooftop. The accused appellants arrived at the residence with a sharp-edged kapa, iron rod, and sticks, and allegedly assaulted the complainant and his father. Janardan was taken to the hospital, where he was declared dead.
Medical Evidence
Medical evidence indicated a single head injury on the deceased—a lacerated wound measuring 12 cm x 3 cm extending from the parietal to occipital region, with fractures. The cause of death was determined as antemortem head injury leading to shock and coma. Postmortem revealed only one injury, while Chandan and Umesh Kumar, both injured eyewitnesses, were examined and found to have simple injuries caused by hard and blunt objects.
Court's Observations
The High Court held that eyewitness testimonies were corroborated by medical evidence, establishing that the fatal blow was struck by Sudarshan Gupta, and injuries were attributed to Vijay Kumar. However, regarding the legal classification of the homicide, the bench found that the incident arose from a sudden fight. Although knowledge of a fatal consequence could be attributed, intention to cause death could not be conclusively inferred. The court applied Exception 4 to IPC Section 300, noting no material indicating cruel or unusual conduct or undue advantage.
Final Decision
Accordingly, convictions under IPC Sections 452 and 323/34 were upheld, while the conviction under IPC Section 302/34 was altered to Section 304 for Sudarshan Gupta and Section 304/34 IPC for Vijay Kumar, with seven years’ rigorous imprisonment each. The court recorded that the appellants had undergone about four years of incarceration and directed them to serve the remaining sentence in accordance with law.
