The Supreme Court on Friday delivered its verdict in a nearly four-decade-old case arising out of a violent land dispute in Banda, Uttar Pradesh. The bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran altered the conviction of four men from murder to culpable homicide, observing that while the accused were responsible for three deaths, their intention to kill was not proven.
Background
The case dates back to 6 August 1986, when a family feud over measuring agricultural fields at Baruahaar Ghat turned deadly. According to the prosecution, complainant Ram Gopal, along with his father Ram Avtar and uncles, was confronted by their neighbours - Raghav Prashad, Prem Shankar, Dayanidhi, and Ram Naresh. Heated words soon turned violent, with the accused attacking the victims using sticks, a pike, and a spear.
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All three - Ram Avtar, Namo Shankar, and Girija Shankar - died the same day due to multiple injuries. The trial court in Karvi convicted the accused in 1989 under Section 302 (murder) of the Indian Penal Code and sentenced them to life imprisonment. The Allahabad High Court later upheld the verdict in 2013, directing their arrest after years on bail.
Court’s Observations
During the hearing, the defence argued that the entire case rested mainly on the testimony of Ram Gopal (PW-1), who was closely related to the victims. They urged that at most, the case could amount to a lesser offence. The State countered that the killings were brutal, and medical evidence supported the prosecution’s version.
The Supreme Court closely examined the evidence. It noted that although sharp weapons like a spear and pike were carried, they were used from the blunt side. The post-mortem also confirmed only lacerated and contused wounds - not sharp cuts. “The bench observed, ‘There is no material to show that the accused had the intention to kill, though they certainly had knowledge that their acts could cause death,’” the judgment recorded.
The Court also pointed out that one eyewitness had turned hostile, which further weakened the charge of intentional murder.
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Decision
In its ruling, the Supreme Court converted the conviction from Section 302 (murder) to Section 304 Part I (culpable homicide not amounting to murder). The bench said the sentence already undergone - over 12 years - was sufficient in the circumstances.
With this, the Court ordered the immediate release of the surviving appellants, unless they were wanted in any other case.
Case: Raghav Prashad & Others v. State of Uttar Pradesh
Case Number: Criminal Appeal No. 596 of 2014
Date of Judgment: 26 September 2025