BJP worker in killing of CPM worker; SC modifies charge

The Supreme Court on Monday modified a 2016 Kerala High Court's judgement that had convicted a BJP worker of murdering a CPM sympathiser and sentenced him to life term.

A bench of Justices D Y Chandrachud and Hemant Gupta kept into mind factual background of case to note that
the "death of victim Soman has occurred in heat of passion upon a sudden quarrel", which can be an offence punishable under culpable homicide not amounting to murder.

The top court allowed an appeal of Mani and ordered his sentence to the term of seven years, which he had already served, along with Rs 20,000 fine.

It noted, the prosecution witnesses have deposed that the accused or the victims did not have any personal enmity except
political differences.

The appellant was suddenly confronted with the victims and in the fight ensued in which the injuries came to be
inflicted upon the deceased and other victims.

"The cause of death is knife blow on the chest of the deceased-Soman. Such injury is with the knowledge that such injury is likely to cause death, but without any intention to cause death," the court said.

According to the prosecution, the accused, BJP sympathisers had on September 28, 2005, attacked and killed a CPM sympathiser after a criminal conspiracy.

The court, however, noted that the prosecution witnesses have deposed that the accused or the victims did not have any personal enmity except
political differences. The appellant was suddenly confronted with the victims and in the fight ensued in which the injuries came to be inflicted upon the deceased and other victims.

The court dismissed the Kerala government's appeal against the high court's judgement that had acquitted three other accused of the murder charge.