Chhattisgarh Holika Dahan Murder: Supreme Court Modifies Conviction to Culpable Homicide

In a significant ruling, the Supreme Court of India modified the conviction of two individuals accused in a double murder case that occurred during the Holika Dahan celebrations in Chhattisgarh. The case, involving the death of Irfan @ Golu and Anil Chandrakar, had led to the conviction of the accused under Section 302 IPC read with Section 34 IPC. However, after a detailed review, the Supreme Court reduced the conviction to culpable homicide not amounting to murder under Section 304 Part-I IPC.

Case Background

On the night of March 21, 2008, during the Holika Dahan festival, an altercation broke out between Irfan @ Golu and a juvenile accused, Chotu. Heated arguments escalated into a violent scuffle, during which the appellants, Sunny Khanna and Pradeep Singh @ Jugu, allegedly held Irfan while Chotu stabbed him with a knife. When the second victim, Anil Chandrakar, attempted to intervene, he too was stabbed. Both victims were rushed to the hospital, where Irfan succumbed to his injuries immediately. Anil Chandrakar later died on April 13, 2008, twenty days after the incident.

Trial Court and High Court Convictions

The case was tried in the trial court, which relied on the testimonies of key witnesses, including Salim Khan (PW-10) and Aavez Khan (PW-1), who were present at the scene. Based on their statements and medical evidence, the trial court convicted the accused under Section 302 IPC read with Section 34 IPC for both murders and sentenced them to life imprisonment.

On appeal, the High Court of Chhattisgarh upheld the conviction and sentence for the murder of Irfan @ Golu. However, for the death of Anil Chandrakar, the High Court reduced the conviction to attempt to murder under Section 307 IPC read with Section 34 IPC, considering the delayed death of the victim.

Arguments by the Appellants

The appellants, through their legal counsel, challenged the conviction primarily on the grounds that:

• The prosecution’s key witness, Salim Khan (PW-10), was related to the deceased, making his testimony unreliable unless corroborated by independent witnesses.
• The incident occurred during a night of celebrations, making it difficult to ascertain events accurately.
• The stabbing was carried out by the juvenile accused Chotu, and the appellants merely held the victim, which should not be considered as active participation in the murder.

Supreme Court’s Analysis and Ruling

The Supreme Court carefully reviewed the testimonies and evidence before delivering its verdict. The Court observed:

“As the occurrence took place in the course of a sudden fight between the deceased and the accused party, the act falls under sub-section (4) of Section 300 IPC. The nature of the injuries and the fact that the appellants did not take undue advantage of the situation indicate that their conviction should be modified.”

The Court ruled that since the fatal injuries were inflicted by Chotu and the appellants merely held the victim, the act could not be classified as murder but rather as culpable homicide not amounting to murder. Consequently, the Court modified the conviction from Section 302 IPC to Section 304 Part-I IPC, reducing their life imprisonment sentence to the period already served.

Impact of the Judgment

• The ruling sets a precedent for cases where intent and participation levels in group crimes are examined in depth.
• It highlights the importance of distinguishing between murder and culpable homicide under Indian criminal law.
• By considering the totality of circumstances, the Court ensured justice while acknowledging the role of the juvenile accused.

Following the judgment, the accused, who had already spent over ten years in prison, were ordered to be released, and their bail bonds were discharged.

Petitioner Name: Sunny Khanna, Pradeep Singh @ Jugu.
Respondent Name: State of Chhattisgarh.
Judgment By: Justice R. Banumathi, Justice Indira Banerjee.
Place Of Incident: Chhattisgarh.
Judgment Date: 04-10-2018.

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Download Judgment: Sunny Khanna, Pradee vs State of Chhattisgar Supreme Court of India Judgment Dated 04-10-2018.pdf

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