In a significant ruling, the Supreme Court of India altered the conviction of two accused, Sunil alias Sonu and Nitin alias Devender, from murder under Section 302 to culpable homicide not amounting to murder under Part-I of Section 304 of the Indian Penal Code (IPC). The judgment, delivered by Justice B.R. Gavai and Justice K.V. Viswanathan, comes as a partial relief to the appellants who have already served more than eight years of their life sentence.
Background of the Case
The case dates back to November 28, 2016, when a violent altercation occurred between the appellants and the deceased, Sachin. According to the prosecution, the incident was the culmination of a pre-existing dispute. The appellants, along with two others, allegedly attacked Sachin and his companion, Rahul, with knives and sticks in the Jahangir Puri area of Delhi. Sachin succumbed to his injuries on December 2, 2016, leading to the registration of an FIR for murder against the accused.
The trial court convicted Sunil and Nitin for murder under Section 302 read with Section 34 of the IPC and sentenced them to life imprisonment. This conviction was upheld by the Delhi High Court, prompting the appellants to approach the Supreme Court.
Legal Issues and Arguments
The main legal issues revolved around the nature of the incident, the credibility of witnesses, and the delay in lodging the First Information Report (FIR). Senior Advocate Shri Rishi Malhotra, representing the appellants, argued that the FIR was lodged with undue delay and that the prosecution failed to explain the injuries sustained by the appellants, thereby suppressing the true genesis of the incident.
He contended that the altercation was a result of a sudden fight without premeditation and that the appellants acted in self-defence. He further highlighted contradictions in the testimonies of key witnesses, particularly Rahul (PW-1) and Shivani (PW-2), suggesting they were biased due to their relationship with the deceased.
On behalf of the State, Advocate Shri Prashant Singh argued that the prosecution had proven the case beyond reasonable doubt and that the conviction should be upheld as the attack was unprovoked and fatal.
Supreme Court’s Observations and Decision
The Court observed several inconsistencies in the prosecution’s narrative. The delay in lodging the FIR and the failure to explain the injuries on the accused raised doubts about the prosecution’s case. The Court noted:
“There is a possibility of deceased Sachin and Rahul (PW-1) coming to the shop of Satish and a fight taking place between the two groups. There is nothing on record to establish that there was any pre-meditation.”
The Court further remarked that the actions of the appellants could not be classified as murder due to the lack of premeditation and the possibility of a sudden quarrel. Consequently, the Court altered the conviction from Section 302 to Part-I of Section 304 IPC, sentencing the appellants to the period already undergone.
Case Details:
– Case Title: Sunil alias Sonu & Ors. vs. State NCT of Delhi
– Case No.: Criminal Appeal Nos. of 2024 (Arising out of SLP(Crl.) Nos. 6250-6251 of 2024)
– Bench: Justice B.R. Gavai and Justice K.V. Viswanathan
– Lawyers for Appellants: Senior Advocate Shri Rishi Malhotra
– Lawyers for Respondent: Advocate Shri Prashant Singh
