Conviction for Murder Changed to Culpable Homicide Not Amounting to Murder Due to Sudden Quarrel
In a significant judgment delivered on May 4, 2026, the Allahabad High Court has altered the conviction of Dev Bahadur Yadav, who was initially sentenced to life imprisonment for the murder of his wife, Sunita, under Section 302 of the Indian Penal Code (IPC). The Division Bench comprising Justices Rajnish Kumar and Zafeer Ahmad, sitting at Lucknow, modified the conviction to culpable homicide not amounting to murder under Section 304 Part II IPC, citing the absence of premeditation and the occurrence arising out of a sudden quarrel between the couple.
The case revolves around an incident that occurred on March 27, 2009, when Sunita was allegedly murdered by her husband, Dev Bahadur Yadav, with an axe following a heated argument. The prosecution initially charged Dev Bahadur with murder under Section 302 IPC, leading to his conviction and life imprisonment along with a fine of Rs. 20,000 by the trial court.
Upon appeal, the High Court closely scrutinized the evidence, including the testimony of the couple's 12-year-old daughter, Shalu, who was the sole eyewitness to the incident. The court considered her testimony credible despite some inconsistencies, emphasizing the natural presence of the child at the scene and her ability to recount the events.
The judgment acknowledges the domestic discord and quarrel between Dev Bahadur and Sunita, which escalated suddenly, leading to the tragic incident. The court found no evidence of premeditated intent to kill, noting that the weapon was used during the heat of passion and without undue advantage or cruelty. Consequently, the High Court ruled that the case falls within the ambit of Exception 4 to Section 300 IPC, warranting a conviction under Section 304 Part II IPC.
Furthermore, considering that Dev Bahadur has already served over 18 years in incarceration, exceeding the maximum term prescribed under Section 304 Part II IPC, the court deemed the period served as sufficient punishment. The sentence of fine imposed by the trial court was maintained, and Dev Bahadur was ordered to be released forthwith if not required in any other case.
This judgment underscores the judicial commitment to ensuring justice through careful examination of evidence and circumstances, especially in cases involving family disputes and sudden provocations.
Bottom line:-
Conviction for murder under Section 302 IPC altered to culpable homicide not amounting to murder under Section 304 Part II IPC due to absence of premeditation and occurrence arising out of a sudden quarrel between husband and wife.
Statutory provision(s): Section 302 IPC, Section 304 Part II IPC, Section 300 IPC, Section 313 CrPC, Section 118 Indian Evidence Act, Section 134 Indian Evidence Act
