The Supreme Court dismissed the appeal of convict upholding his conviction and 8-year rigorous imprisonment sentence for culpable homicide not amounting to murder under Section 304 Part-II of the Indian Penal Code. The conviction arose from an incident in Karnataka where the accused fatally struck an innocent bystander, with an axe during a violent altercation between family factions.
The convict’s counsel argued for sentence reduction, citing his young age (20 at the time), lack of premeditation, loss of self-control due to provocation from the rape incident involving his cousin, and his duration of incarceration of over two and a half years. The prosecution maintained the attack was premeditated, citing evidence of planned violence, including negotiating property shares and the quick retrieval of the axe.
The Supreme Court emphasized the principle that while mitigating factors like youth and provocation are considered, the brutal and fatal nature of the assault on an innocent third party who sought peace warranted serious punishment. It reaffirmed that culpable homicide not amounting to murder involves knowledge that actions are likely to cause death, which was proven by the fatal blow to the victim’s neck.
Citing precedents on sentencing proportionality, the bench observed the High Court’s reduction of the original 10-year sentence to 8 years was balanced and justified, reflecting society’s demand for justice while considering individual circumstances.
The appeal was dismissed. The Court left open the possibility of premature release under the Karnataka remission policy when eligible.
