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Criminal LawSupreme Court of India

Nankaunoo v. State of U.P.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 46 of 2016)Decided 19 Jan 2016
Criminal Appeal No. 46 of 2016
Chief Justice T.S. Thakur · Justice A.K. Sikri · Justice R. Banumathi

Background

The appellant got into an altercation with Chhedi Lal, a barber, after the barber declined to give him a haircut ahead of other waiting customers. Feeling insulted, the appellant left threatening the barber, and later that evening confronted him near a canal, firing a pistol shot that struck Chhedi Lal in the thigh; the victim died on the way to the hospital. The trial court convicted the appellant of murder under Section 302 IPC based on eyewitness and medical evidence, and the Allahabad High Court affirmed both the conviction and the life sentence, leading to this appeal.

Decision Breakdown

The Supreme Court upheld the lower courts' finding that the appellant fired the fatal shot, rejecting arguments that the eyewitnesses were unreliable or that the prosecution's case failed because the weapon was never recovered. However, examining the specific wound, a gunshot injury to the inner thigh, a non-vital part of the body, the Court held that the prosecution had not proved the injury was objectively "sufficient in the ordinary course of nature to cause death," a requirement for a murder conviction under the third clause of Section 300 IPC. Since no medical evidence established that the shot had struck a major blood vessel or was otherwise sufficient to cause death, the Court downgraded the conviction from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC), reducing the sentence to ten years' rigorous imprisonment, and partly allowed the appeal.

Lesson Learnt

A fatal shooting or stabbing does not automatically amount to murder in law: courts distinguish murder from culpable homicide based on whether the specific injury inflicted was, by its nature and location, objectively likely to cause death, not merely on the fact that death occurred; the location and severity of the wound, supported by medical evidence, can be decisive in determining the appropriate charge and sentence.

Nankaunoo v. State of U.P. – Legal Case Shots | LegalAware