Supreme Court Reduces Life Sentence in Murder Case Due to Lack of Intent image for SC Judgment dated 22-04-2024 in the case of Kariman vs State of Chhattisgarh
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Supreme Court Reduces Life Sentence in Murder Case Due to Lack of Intent

The case of Kariman vs. State of Chhattisgarh deals with the issue of whether a conviction under Section 302 of the Indian Penal Code (IPC) for murder should be modified to a lesser offense under Section 304 Part II due to the absence of intent to kill. The Supreme Court considered the circumstances of the crime, medical evidence, and the behavior of the accused to determine the appropriate charge and punishment.

Background of the Case

Kariman, the appellant, was convicted for murdering his second wife, Dasmet Bai, on September 11, 1999. The prosecution alleged that he assaulted her with fists and a stone, causing fatal injuries. An FIR was registered the same day, leading to a conviction under Section 302 IPC by the Trial Court in 2001, which was upheld by the High Court in 2016.

Key Legal Issues

  • Whether the act of the accused amounted to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC.
  • Whether the absence of premeditation and a single injury justified a reduced charge.
  • Whether the long incarceration of the accused influenced the sentencing decision.

Arguments by the Appellant

The counsel for Kariman, arguing for a reduced charge, stated:

“Even if the allegations set out in the deposition of the prosecution eye-witnesses are taken into account, apparently some sudden dispute arose between the accused and the deceased. The accused chased her and hit her once with a stone. The Medical Jurist did not state that the injury was sufficient in the ordinary course of nature to cause death.”

Read also: https://judgmentlibrary.com/supreme-court-cancels-bail-of-two-accused-in-uttar-pradesh-double-murder-case/

He further submitted that since the accused had already been in custody for 17 years, the punishment should be reduced.

Arguments by the Respondent

The State opposed the appeal, arguing that the accused had chased the victim and hit her with a large stone:

“The appellant chased down the deceased and struck her with a one-foot stone after she fell. This act demonstrates both knowledge and intent to cause death.”

Supreme Court’s Analysis

The Court examined the evidence and found that the accused had no premeditated intent to kill. The medical report noted only a single injury caused by a stone, leading to internal bleeding and death. The Court held:

Read also: https://judgmentlibrary.com/supreme-court-cancels-bail-of-accused-in-uttar-pradesh-murder-case/

“By no stretch of imagination can it be accepted that the accused had the intention to cause injury that would result in death.”

Final Judgment

The Supreme Court modified the conviction from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part II IPC) and sentenced Kariman to seven years of rigorous imprisonment. Since he had already served 17 years, he was ordered to be released immediately.

Judgment Date: April 22, 2024

Judges: B.R. Gavai, Sandeep Mehta


Petitioner Name: Kariman.
Respondent Name: State of Chhattisgarh.
Judgment By: Justice B.R. Gavai, Justice Sandeep Mehta.
Place Of Incident: Chhattisgarh.
Judgment Date: 22-04-2024.

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