The Allahabad High Court modified the conviction of five accused in a 2016 killing case, holding that the incident arose from a sudden quarrel without premeditation. The Court altered the conviction from murder to culpable homicide not amounting to murder and limited the sentence to the period already undergone.
Background of the Case
The appeals arose from a sessions trial in Shahjahanpur linked to a 2016 incident where a young man, Vishal Singh, died following an altercation at the residence of the accused. According to the prosecution, the deceased had gone to collect money allegedly lent to the accused’s family.
The FIR alleged that upon reaching the house, an argument escalated into violence, resulting in firearm and sharp weapon injuries. The trial court convicted the accused under Section 302 read with Section 149 of the IPC and sentenced them to life imprisonment.
The defence, however, presented a different narrative, claiming the incident occurred during a sudden scuffle triggered by an alleged attempt by the deceased to assault a family member.
The Division Bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay closely examined eyewitness testimonies, medical evidence, and defence arguments.
The Court noted that while the death was clearly homicidal, the circumstances surrounding the incident pointed towards a sudden altercation rather than a planned attack.
“The evidence discloses absence of premeditation and indicates a sudden quarrel followed by a scuffle,” the bench observed.
It further held that both prosecution and defence evidence suggested the incident unfolded in the heat of passion, leaving little time for reflection or planning.
The judges emphasized that determining whether an offence amounts to murder or culpable homicide depends on intent, nature of injuries, and surrounding circumstances. In this case, the Court found no clear intention to commit murder.
“The act occurred in the heat of passion upon a sudden quarrel and cannot be said to be a pre-planned act,” the Court stated.
The bench relied on established Supreme Court precedents on Exception 4 to Section 300 IPC, which applies when an offence is committed without premeditation during a sudden fight.
It concluded that the accused had not taken undue advantage or acted in a cruel or unusual manner key requirements to deny the benefit of the exception.
Accordingly, the Court held that the offence would fall under Section 304 Part I IPC (culpable homicide not amounting to murder), rather than Section 302 IPC.
Allowing the appeals in part, the High Court modified the conviction from Section 302/149 IPC to Section 304 Part I/149 IPC.
Given that the accused had already spent several years in custody, the Court sentenced them to the period already undergone while maintaining the fines imposed by the trial court.
Case Details
Case Title: Mahesh Singh and Others vs State of U.P.
Case Number: Criminal Appeal No. 1880 of 2019 (with connected appeal)
Judge: Justice Siddhartha Varma and Justice Jai Krishna Upadhyay
Decision Date: 23 April 2026
