SC lets off man of murder charge

The Supreme Court on Wednesday set aside the conviction of a man of a murder charge, finding that he had struck just a single sword blow on his neighbour, after being irked by loud music.

A bench of Justices Ranjan Gogoi, R Banumathi and Navin Sinha, however, said the very nature of the weapon used, the assault made in rib cage area and knowledge that death was likely to ensue would have to be attributed to the accused-petitioner.

The top court modified the high court's verdict to hold Deepak, a resident of Uttarakhand, guilty of the offence of culpable homicide not amounting to murder. It noted that the incident took place in the heat of the moment and the assault was made without premeditation and at the spur of the time.

On August 27, 1993, angered by the loud music played by the victim, who lived across the house of the petitioner, an altercation took place between them.

“The appellant rushed across to his house, came back with a sword and delivered a single blow to the deceased in the rib cage area and then ran away, threatening to see him later. The entire altercation is stated to have lasted for a one-and-half minute to two minutes,” the bench said.

There was no intention to kill but there was a knowledge that such an attack could result in the death of the victim, the court said, sentencing him to the period he had already served during the pendency of the matter.