HC trims lifer’s sentence to 10 yrs, alters murder charge

Soumyadip Mullick, MP, 1 May 2025, Kolkata: Broadly based on absence of any premeditation, the Calcutta High Court trimmed the life sentence of a man to 10 years rigorous imprisonment while modifying murder charge to culpable homicide not amounting to murder in a case where a man died after a single knife-stab wound following a heated altercation. 

The bench of Justice Debangsu Basak and Justice Shabbar Rashidi was moved by the accused (appellant) challenging the trial court judgement and order for murder (Section 302 IPC). On September 16, 2013, an altercation broke out between the appellant and the victim in a bedroom on the first floor of a tea stall premises. 

The appellant stabbed the victim in the stomach with a knife and fled the spot, discarding the weapon on the road. 

The de-facto complainant and few others allegedly attempted to catch him but failed. The victim was declared dead at the hospital. The appellant was later arrested by the police who recovered the knife. 

The appellant’s counsel submitted that there was no prior enmity between the victim and accused. The incident occurred during a sudden altercation without premeditation. The single stab and the appellant’s immediate flight indicated no intent to murder. It was argued that the case fell under culpable homicide not amounting to murder (Section 304 IPC). 

State counsel argued that prosecution’s evidence, including eyewitness testimonies and material recovery, substantiated the murder charge. 

The court observed that the victim’s death was caused by a single stab wound, confirmed as homicidal by the autopsy surgeon. Eyewitnesses and circumstantial evidence (knife recovery, appellant’s apprehension) established appellant as the perpetrator. Further, no evidence suggested prior enmity or premeditation. 

The appellant fled after inflicting a single injury, indicating no cruel conduct. The recovery of the knife, while incriminating, did not negate culpable homicide not amounting to murder as no confessional statement under Section 161 CrPC was recorded or proved to invoke Section 27 Indian Evidence Act (an exception to the general rule that confessions made while in police custody are inadmissible), the court observed. 

https://www.millenniumpost.in/bengal/this-temple-is-for-all-irrespective-of-their-caste-creed-says-mamata-608857