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Narendra v. State of Rajasthan

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1902 of 2014)Decided 2 Sept 2014
Criminal Appeal No. 1902 of 2014
Justice T.S. Thakur · Justice R. Banumathi

Background

Narendra killed a woman with whom he had a relationship and also inflicted stab wounds on himself. Their wish to marry had met village opposition because they belonged to the same gotra. He claimed at trial that they had agreed to die together, but the courts below convicted him of murder and attempted suicide.

Decision Breakdown

The Supreme Court partly allowed the appeal and substituted culpable homicide under Section 304 Part I for murder. It stressed that the exception based on an adult victim's consent requires strict scrutiny and proof by the accused, then found the combined circumstances made this defence probable. The relationship, opposition, use of a sword already in the room, absence of an alarm and his own serious injuries supported that conclusion. Since he had spent over ten years in custody, he received the period already served and was ordered released unless required elsewhere; the attempted-suicide sentence ran concurrently.

Lesson Learnt

A claimed suicide pact does not automatically reduce a homicide charge. The accused must establish the adult victim's free and voluntary consent through closely examined evidence; the killing remains punishable even when that narrow exception applies.

Official source (sci.gov.in)View Judgment (PDF)

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