‘With knowledge but without intention’: Telangana HC reverses murder verdict of man who killed wife while drunk

‘Intoxication no excuse, but presence or absence of intent relevant’
In its judgment, the bench noted, “While intoxication does not excuse the act, it is relevant to determine presence or absence of intention.” Further, the bench felt that the accused acted in “a fit of anger” and that the death resulted from “the assault rather than any calculated act”. The bench also noted there was “no evidence of premeditation or any deliberate plan” to kill the woman.

“The incident appears to have occurred in the heat of the moment, during a sudden quarrel between the accused and the deceased. Using pestle indicates the assault occurred impulsively, without preparation or selection of a deadly weapon beforehand. Although a pestle is capable of causing fatal injuries, it is not a weapon ordinarily associated with intentional homicide,” the judgment stated.

The court emphasised the thin legal distinction between “intent” and “knowledge” under the Indian Penal Code (IPC) while noting that the primary point of consideration for the court in matters relating to murder is the intent and purpose of the accused. It determined that Singh knew that his acts were likely to cause death, whereas the evidence would not show that there was any intention to cause death.

‘Murder committed without premeditation’
Referring to various Supreme Court judgments, the bench held that the offence was committed without any premeditation. “It would be unsafe to treat ‘intent’ and ‘knowledge’ in equal terms. They are not different things. Knowledge would be one of the circumstances to be taken into consideration while determining or inferring the requisite intent.”

Upholding the trial court’s finding Singh guilty of the offence, the bench concluded that the conviction under charges of murder (IPC section 302) was unsustainable and altered it to culpable homicide not amounting to murder (IPC section 304 part II).

The court thus sentenced Singh, who had been incarcerated since September 2018 till being released on bail in early 2024, the to period he had already served in jail. His bail bonds were subsequently discharged.