In Brief
A retired Lieutenant Colonel residing in an army enclave shot and killed a boy aged about 10-15 years who was attempting to pluck fruit from defence property with friends. The Trial Court and High Court convicted him for murder and sentenced him to life imprisonment. The Supreme Court, considering the appellant's short temperament, the context of repeated unauthorised intrusions by local boys, and the absence of premeditation, downgraded the conviction to culpable homicide not amounting to murder. The Court found he acted under sudden provocation without murderous intent. Sentence was reduced to 10 years rigorous imprisonment plus a fine of Rs. 2 lakhs payable to the deceased's parents.
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