Supreme Court Modifies Murder Conviction to Culpable Homicide in Tularam Case
The case of Tularam v. The State of Madhya Pradesh revolves around a tragic altercation that resulted in the death of Bhadri Lodhi. The appellant, Tularam, was initially convicted under Section 302 of the Indian Penal Code (IPC) for murder. However, upon appeal, the Supreme Court re-examined the circumstances and altered the conviction to culpable homicide not amounting to murder under Section 304 Part II of the IPC.
On June 9, 2002, an altercation erupted between Ramnath and Raju at a flour mill. Later that evening, a second fight occurred, drawing in more people, including the deceased, Bhadri Lodhi. During this quarrel, Tularam, who joined the fray carrying a ballam (a wooden or bamboo stick with a spear attached), pierced Bhadri Lodhi on the left side of his chest, resulting in his death.
Arguments of the Petitioner
Tularam’s defense contended that:
- The fight was sudden and unpremeditated.
- There was no intention to cause death.
- The injury was inflicted in the heat of passion.
- The case should be covered under Exception 4 of Section 300, which reduces the gravity of the offense.
Arguments of the Respondent
The prosecution argued that:
- The accused used a ballam, a deadly weapon, and deliberately targeted the victim’s chest.
- Eyewitnesses confirmed that Tularam was responsible for the fatal wound.
- Such an attack indicated intent to kill, making it a case of murder.
Supreme Court’s Key Observations
In its judgment, the Supreme Court extensively examined the distinction between murder and culpable homicide not amounting to murder. The Court stated:
“The intention to cause death must not be readily inferred. Both the Trial Court and the High Court assumed that merely because Tularam pierced the chest of Bhadri Lodhi with a ballam, he intended to kill him. However, there is nothing on record to suggest such intent.”
Application of Exception 4 to Section 300
The Court referenced Surain Singh v. State of Punjab, stating:
“The help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight, (c) without the offender having taken undue advantage or acted in a cruel or unusual manner, and (d) the fight must have been with the person killed.”
The Court found that:
- The fight was sudden and unplanned.
- Tularam did not take undue advantage.
- He did not act in a cruel or unusual manner.
Final Judgment and Sentencing
The Court concluded that while Tularam had knowledge that stabbing someone in the chest could lead to death, there was no concrete evidence of intent to murder. As a result:
“The conviction under Section 302 IPC is set aside and substituted with a conviction under Section 304 Part II IPC.”
Tularam had already spent 14 years in jail, and the Court ruled that this served as sufficient punishment. He was ordered to be released immediately.
Conclusion
This judgment reinforces the importance of assessing the intent behind an act before determining the degree of culpability. The case exemplifies the judicial principle that justice should be based on the circumstances and intent rather than just the outcome.
Petitioner Name: Tularam.Respondent Name: The State of Madhya Pradesh.Judgment By: Justice Madan B. Lokur, Justice Deepak Gupta.Place Of Incident: Madhya Pradesh.Judgment Date: 02-05-2018.
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