The Lucknow bench of the Allahabad High Court has overturned a 1986 acquittal, convicting two men for culpable homicide not amounting to murder in a case dating back to 1984. The court found that the trial court’s original finding of “self-defence” was completely flawed, noting that taking a life over a minor drainage dispute cannot be justified.
The incident occurred on June 15, 1984, within the jurisdiction of the Maakhi police station in Unnao district. The dispute began when the deceased, Jamuna Prasad, was constructing a water drain on the roof of his house. Four individuals—Tulsi Ram, Laxmi Narayan, Jagat Pal, and Harnam—objected to the construction, leading to a heated altercation.
The prosecution alleged that the confrontation escalated when the accused attacked Jamuna Prasad and his brother, Amrit Lal, using sticks and spears. Jamuna Prasad sustained fatal injuries and succumbed while being transported to the hospital.
In 1986, a trial court acquitted all four accused. The lower court had accepted the plea of self-defence, observing that the accused had also sustained injuries during the scuffle. The trial court noted that the prosecution had failed to explain the injuries found on the accused, leading to the conclusion that they acted to protect themselves.
The State Government filed an appeal challenging the 1986 acquittal. During the pendency of this appeal, two of the original four accused passed away, leaving Tulsi Ram and Laxmi Narayan to face the High Court’s verdict.
A division bench comprising Justice Rajneesh Kumar and Justice Babita Rani re-examined the evidence. The High Court rejected the trial court’s reasoning regarding self-defence. The bench emphasized that the scale of the violence was disproportionate to the cause of the dispute.
The court observed that the findings of the trial court were “completely flawed.” It held that a minor dispute over water drainage does not provide a legal justification for an armed attack that results in a loss of life. Consequently, the bench modified the charges from murder to culpable homicide not amounting to murder under Section 304 of the Indian Penal Code (IPC).
The High Court allowed the state’s appeal and held the two surviving accused guilty. The court has directed that both individuals be taken into custody immediately. They are to be produced before the court on May 11 for a hearing regarding the quantum of their sentence.
