Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC

The Gauhati High Court recently altered the murder conviction of a man who stabbed his friend in the neck, to that of culpable homicide not amounting to murder on the ground that there was no evidence to show that the offence was committed with an intention or motive to kill the deceased. While setting aside the conviction of the appellant under Section 302 IPC, the division bench of Justice Michael Zothankhuma and Justice Malasri Nandi observed: “The evidence on record shows that the appellant and the deceased were friends for a very long time and they used to take alcohol together. The court held: “On considering the fact that there was nothing prior to the said altercation to show that there was any reason for the appellant to have stabbed the deceased, we are of the view that due to the quarrel that had ensued and in the heat of passion and under the influence of alcohol, the appellant stabbed the deceased. Accordingly, the court set aside the conviction of the appellant under Section 302 of IPC and convicted and sentenced him under Part-II of Section 304 of IPC to undergo rigorous imprisonment for a period of 7 years with a fine of Rs.