Conviction Modified: Supreme Court Reduces Sentence in Murder Case Involving Brothers

The Supreme Court of India, in its judgment dated August 14, 2019, addressed the appeal of Udiya against his conviction under Section 302 of the Indian Penal Code (IPC) for the murder of his brother, Nakuda. The court analyzed the testimonies of eyewitnesses and medical evidence to determine the appropriate nature of the offense and the quantum of punishment.

By the impugned judgment dated July 07, 2006, the High Court of Madhya Pradesh upheld the conviction of Udiya, affirming the trial court’s findings. The court sentenced him to life imprisonment along with a fine of Rs.1,000. The present appeal was confined to the nature of the offense and the quantum of punishment.

Eyewitness Testimony and Medical Evidence

The prosecution relied primarily on the testimony of Jeevni (PW-1), the wife of the deceased and sister-in-law of the appellant. She testified that on July 10, 1999, at around 10:00 PM, she heard her husband raising an alarm. Upon rushing to the scene, she saw the appellant assaulting Nakuda with a stone. Nakuda, before succumbing to his injuries, stated that Udiya had attacked him. She then called upon villagers for assistance and lodged a police report.

Dr. Nirmal Kumar Chaudhary (PW-6), who conducted the postmortem examination, opined that the deceased suffered contusions, a fractured left temporal and maxillary bone, and succumbed to head injuries.

Supreme Court’s Rationale for Modifying Conviction

The Supreme Court observed that the case fell under Exception 4 of Section 300 IPC, which pertains to culpable homicide not amounting to murder due to the sudden nature of the fight. The key factors considered were:

• The absence of premeditation.
• No evidence of prior enmity between the brothers.
• The fight was spontaneous, and Udiya did not come armed with a weapon.
• Jeevni (PW-1) and other witnesses confirmed the fight escalated suddenly.
• Medical evidence suggested that injuries resulted from the use of a stone, not a lethal weapon.

Final Verdict

The Supreme Court modified the conviction from Section 302 IPC (murder) to Part I of Section 304 IPC (culpable homicide not amounting to murder). Considering Udiya had already served over six years in prison before being released on bail, the court reduced his sentence to the period already undergone, including the default rigorous imprisonment of one month for non-payment of the fine.

Thus, the appeal was partially allowed, leading to the modification of Udiya’s conviction and sentence.

Petitioner Name: Udiya.
Respondent Name: State of Madhya Pradesh.
Judgment By: Justice Indu Malhotra, Justice Sanjiv Khanna.
Place Of Incident: Madhya Pradesh.
Judgment Date: 14-08-2019.

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