The Jharkhand High Court has converted the murder conviction of an 88-year-old man who fatally stabbed his son during an argument over alcohol consumption to culpable homicide not amounting to murder. A Division Bench of Justice Ananda Sen and Justice Pradeep Kumar Srivastava held that the assault was not premeditated and occurred on the spur of the moment. The Court reduced his sentence to the period already undergone.
Background
The appeal arose from a 2018 judgment of the Additional Sessions Judge-III, West Singhbhum at Chaibasa, which convicted Goma Gope under Section 302 of the Indian Penal Code (IPC) and sentenced him to life imprisonment with a fine of ₹5,000.
According to the prosecution, the incident occurred on November 21, 2013, when Gope was consuming hariya, a locally brewed alcoholic drink, at home. His 20-year-old son, Pratap Gope, questioned him about his drinking, triggering an argument. During the altercation, the father allegedly stabbed his son in the abdomen with a vegetable-cutting knife. The injury caused severe bleeding, and the son died at the spot.
Challenging his conviction, Gope argued that he had been falsely implicated. The State opposed the appeal, relying, among other things, on the recovery of a knife and blood-stained soil from the scene.
Court's Observations
The Bench examined the prosecution evidence and medical findings. The informant was not an eyewitness to the stabbing, and the other prosecution witnesses had also not witnessed the occurrence. The medical evidence established that the deceased had sustained a penetrating injury that caused his death.
The Court focused on whether the circumstances brought the incident within Exception 4 to Section 300 IPC, which applies to culpable homicide committed without premeditation during a sudden fight in the heat of passion, provided the other conditions of the exception are satisfied.
The Bench observed:
“From perusal of the medical evidence of the Doctor (P.W.-4) and other evidences, it is evident that there was only one blow of knife, given to the deceased. The assault is not premeditated and it happened on the spur of the moment.”
The judges also considered the circumstances leading to the quarrel and the absence of evidence establishing prior planning to kill. They noted that the altercation arose after the son questioned his father's consumption of hariya.
The Court further held:
“Considering the aforesaid facts and circumstances of the case, so also the medical report and the proximity of the death with the assault, we are of the opinion that though the case is of culpable homicide, but the same cannot be said to be a murder, thus the case of the appellant falls under Exception-4 of Section 300 IPC. Thus, we hereby convert the conviction from Section 302 IPC to Section 304 Part-II IPC.”
Decision
The Jharkhand High Court converted Gope's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC. The Bench then considered his age and the time he had already spent in custody while determining the appropriate sentence.
The Court observed:
“Since the appellant has already remained in custody during trial and he is still in custody, and since the appellant was of 80 years at the time of examination under Section 313 Cr.P.C., as also at the time of filing of this Criminal Appeal, and now, he is aged about 88 years, thus, considering the old age of this appellant and the fact that he was in custody during trial and faced incarceration of this criminal proceeding for about thirteen years, we convert the sentence to the period which the appellant has already undergone.”
Accordingly, the Court partly allowed the appeal, reduced the sentence to the period already undergone and directed that Gope be released forthwith, provided he was not required in any other case.
Case Title: Goma Gope @ Goma v. The State of Jharkhand
Case Number: Criminal Appeal (D.B.) No. 1400 of 2018
