The Apex Court on 29.04.2019, GOVIND SINGH v THE STATE OF CHHATTISGARH, had allowed the appeal in parts that was made against the High Court of Chhattisgarh‘s order and judgment affirming the appellant’s conviction for murder followed by imprisonment for life.

FACTS:

The deceased and her father had got into a sudden quarrel over a bulb which the father wanted to connect in courtyard leading to accused throwing the burning lamp upon the victim causing immense burns and subsequently causing her death.

The case had been formally been registered under Section 307 IPC  that was later changed to Section 302 IPC. The Trial Court by mainly relying upon the dying declaration of the victim had convicted the accused  under Section 302 IPC followed by sentencing imprisonment for life that was eventually affirmed by the High Court as well.

Being aggrieved an appeal was made the Supreme Court of India.

HELD:

The Apex Court while allowing the appeal in part held that as the incident had taken place due to a sudden fight and that there had been no premeditation, such an act shall fall under the exception category of no.4 to sec Sec 300 of IPC, thereby modifying the conviction from Section 302 IPC  to Section 304 Part-II IPC. Since, the appellant had already undergone a period of imprisonment for more than eleven years according to the certificate provided by the jail, the sentence was reduced to such a period that had already been undergone by the accused.

Read Judgment here:

[embeddoc url=”https://www.sci.gov.in/supremecourt/2018/26088/26088_2018_Judgement_29-Apr-2019.pdf” download=”all”]