Sessions Court Should First See If Case Is Of 'Culpable Homicide Not Amounting To Murder' Before Proceeding With Murder Trial : Supreme Court

The Supreme Court observed that a Sessions Court has a duty to undertake an exercise and to satisfy itself whether a case of culpable homicide not amounting to murder is made out or not, before proceeding with the trial of an accused for murder. 

The prosecution case was that the accused on on 02.08.2011, at about 08:30 p.m., woke up his son and demanded him to purchase a cigarette lighter. That there was an altercation, followed by an attack on the son by the accused, as a result of which the son died. The accused was convicted in this case and his appeal was dismissed by the Kerala High Court.

In appeal, the accused contended that the Courts below did not take into consideration the discrepancies in the evidence of the witnesses and that there is also an inordinate delay in the registration of the First Information Report implicating the accused.

The Apex Court bench of Justices AS Bopanna and MM Sundresh noted that it is also on evidence that the accused did make an attempt to revive the son after the occurrence and that he tried to splash water on his face, and thereafter made an effort to warm him up and took him to the hospital.

"From the above evidence, it is clear that the case on hand would fall under the offence punishable under Section 304 Part I of the IPC, and not under Section 302 of IPC. It is trite that a duty is enjoined upon the Court of Sessions to undertake an exercise and to satisfy itself whether a case of culpable homicide not amounting to murder is made out or not, before proceeding with the trial of an accused for murder. The materials available on record would clearly establish the fact that this is a case of a culpable homicide not amounting to murder, and therefore would fall under the offence punishable under Section 304 Part I of the IPC", the bench observed.

Partly allowing the appeal, the bench modified the conviction to Section 304 Part I of the IPC, and reduced the sentence to the period already undergone.

Shaji vs State of Kerala | 2023 LiveLaw (SC) 625 | CrA 2293 OF 2023

Indian Penal Code, 1860 ; Section 299, 300, 302, 304 - A duty is enjoined upon the Court of Sessions to undertake an exercise and to satisfy itself whether a case of culpable homicide not amounting to murder is made out or not, before proceeding with the trial of an accused for murder. (Para 6)

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