Supreme Court Modifies Murder Conviction to Culpable Homicide, Orders Immediate Release After 12 Years in Jail

Case Name: Budheswar Karmakar vs. State of Assam
Date of Order: 01.09.2025
Citation: SLP (Crl.) No. 7303 of 2025
Bench: Chief Justice B. R. Gavai, Justice K. Vinod Chandran (DB)

Held: The Supreme Court held that the conviction of the appellant under Section 302 IPC for murder was unsustainable. The evidence supported the defense plea that the deceased had attempted to outrage the modesty of the appellant’s wife, which led to a sudden altercation. Considering the circumstances, the Court converted the conviction from Section 302 IPC (murder) to Section 304 Part II IPC (culpable homicide not amounting to murder) and altered the sentence to ten years. Since the appellant had already undergone more than twelve years in custody, he was directed to be released forthwith.

Summary: The appellant was convicted under Section 302 IPC by the trial court for causing the death of the deceased by delivering three bamboo lathi blows on his head. The conviction was confirmed by the High Court. On appeal, the Supreme Court noted that eyewitnesses PW-1 and PW-5 supported the prosecution version, but the defense also produced DW-1 (the wife of the accused), who deposed that the deceased had entered her house and attempted to outrage her modesty. This testimony was corroborated by PW-7, who admitted seeing the accused taking the injured deceased to the hospital.
The Court also observed that the bamboo lathi allegedly used was seized from the courtyard of the accused’s house, and there was no forensic evidence of blood stains. Importantly, the defense plea was not entirely improbable and showed provocation in the heat of the moment. Thus, the intention to commit murder could not be imputed, though knowledge of likely fatal consequences existed.

Decision: The Supreme Court allowed the appeal in part, modified the conviction from Section 302 IPC to Section 304 Part II IPC, and reduced the sentence to ten years. As the appellant had already undergone more than twelve years of imprisonment, he was ordered to be released forthwith if not required in any other case.