The Court reduces the sentence from life imprisonment to 10 years, citing lack of premeditation and absence of prior enmity.
In a significant judgment, the Allahabad High Court has altered the conviction of Pawan Kumar, initially sentenced to life imprisonment under Section 302 of the Indian Penal Code (IPC), to culpable homicide not amounting to murder under Section 304 Part-II IPC. The decision, delivered by a division bench comprising Justices Salil Kumar Rai and Dr. Ajay Kumar-II, was based on the absence of premeditation and prior enmity, as well as the credible dying declaration of the victim, Kanchan.
The case revolved around an incident from April 2, 2008, where 16-year-old Kanchan was set ablaze by Pawan Kumar, leading to her death after seven days due to septicemia. Originally convicted of murder by the trial court, Kumar was sentenced to life imprisonment. However, upon appeal, the High Court found that the act was committed in the heat of the moment during a scuffle, without any intention to kill. As such, the court reclassified the crime under Section 304 Part-II IPC, sentencing Kumar to 10 years of imprisonment, along with a fine.
The court also upheld the conviction under Section 452 IPC for house trespass but acquitted Kumar of charges under Section 354 IPC due to lack of evidence supporting allegations of molestation. The judgment underscored the reliability of the dying declaration, which was deemed sufficient for conviction in the absence of corroboration.
This ruling reflects the nuanced approach of the judiciary in distinguishing between various degrees of culpability, ensuring that the punishment aligns with the specific circumstances and intent behind the crime. The Court's decision to modify the conviction underscores the importance of evaluating each case's unique context, particularly concerning the accused's intention and the circumstances leading to the victim's death.
Bottom line:-
Conviction under Section 302 IPC altered to Section 304 Part-II IPC due to lack of premeditation and absence of previous enmity. The dying declaration of the deceased was found credible and sufficient for conviction, but the case was considered as culpable homicide not amounting to murder.
Statutory provision(s): Indian Penal Code Sections 302, 304 Part-II, 354, 452; Evidence Act Section 32.
Pawan Kumar v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2907781
