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Criminal LawSupreme Court of India

Premchand vs The State of Maharashtra

Criminal Appeal · 2023 INSC 207Decided 3 Mar 2023
Criminal Appeal No. 211 of 2023
S. Ravindra Bhat · Dipankar Datta

Background

On 26 September 2013, the appellant, then aged 58, allegedly stabbed Nandkishor Korde to death and caused stab injuries to three others during an altercation. He was convicted of murder under Section 302 IPC and of attempted murder under Section 307 IPC by the trial court, with sentences of life imprisonment and rigorous imprisonment respectively; the Bombay High Court (Nagpur Bench) upheld the conviction. The appellant challenged this before the Supreme Court, arguing that key eyewitnesses present at the scene were never examined and that his advanced age made the prosecution's version of events improbable.

Decision Breakdown

The Supreme Court found that the prosecution had failed to examine independent witnesses who were reportedly present at the scene, and held that the circumstances made it improbable that the appellant, then in his late fifties, single-handedly overpowered several younger men without provocation. The Court concluded the trial court had not properly considered whether the appellant may have acted in the reasonable apprehension of danger to himself, and held he was entitled to the benefit of Exception 4 to Section 300 IPC (sudden fight, no premeditation, heat of passion, no undue advantage taken). Accordingly, the murder conviction and life sentence were set aside, and the appellant was instead convicted under Section 304 Part II IPC (culpable homicide not amounting to murder). Since he had already served over nine years in custody, that period was treated as adequate punishment and he was ordered released forthwith. The Court also noted, without issuing a formal direction given the lapse of time, that the police ought to have investigated the injuries suffered by the appellant himself.

Lesson Learnt

A murder conviction can be downgraded on appeal where the circumstances suggest a sudden fight without premeditation rather than a calculated killing, and courts must weigh the absence of key eyewitnesses and the plausibility of the prosecution's version rather than accepting it at face value.

Premchand vs The State of Maharashtra – Legal Case Shots | LegalAware