Life sentence reduced to 7 years: Why Kerala High Court ruled man’s stab over ‘trivial’ row wasn’t brother’s murder

While upholding his conviction under Section 324, the Kerala High Court altered the murder conviction to one under Part II of Section 304 (culpable homicide not amounting to murder) of IPC and sentenced him to seven years of imprisonment.

Findings

• The medical evidence indicates that the stab wound penetrated the apex of the heart. It follows, without the necessity of an expert opinion, that such an injury is sufficient, in the ordinary course of nature, to cause death.
• The doctor who conducted the post-mortem examination categorically deposed that the aforementioned injury was the cause of death of the deceased.
• Therefore, the absence of a specific statement by the doctor that the said injury was sufficient, in the ordinary course of nature, to cause death is of little consequence.
• The medical evidence adduced in this case convincingly and unerringly establishes that the death of the victim was nothing but homicide.
• The wife of the victim, clearly establishes that, apart from the incident that occurred on the ill-fated day, the relationship between the accused and the deceased was very cordial.
• Apparently, the accused harboured no prior animosity toward his brother that could have motivated him to contemplate his murder.
• Evidence shows that immediately before the unfortunate incident, a sudden quarrel arose between the accused and the deceased over a trivial matter, and in the heat of the moment, without any prior enmity or premeditation, the accused inflicted a stab injury on the deceased with a knife.
• The incident was the direct outcome of a sudden quarrel, and the mere use of a knife alone cannot automatically lead to the conclusion that there was an intention to commit murder.
• The circumstances proved in the case are not sufficient to hold that the accused intended to cause the death of the victim, or that he intended to cause bodily injury to the victim which is sufficient, in the ordinary course of nature, to cause death.

Background

• The dispute began after the victim tied an injured goat in the verandah of the house, which the accused objected to.
• What followed was a sudden altercation during which the accused struck the deceased with a wooden rafter and stabbed him in the chest with a knife.
• Later the victim succumbed to the injuries at hospital.
• The trial court convicted the accused under Sections 324 and 302 IPC and sentenced him to life imprisonment.
• Challenging this verdict, the accused approached the High Court.