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Supreme Court of India 2019-04-01 partly_allowed

MANI vs THE STATE OF KERALA

Bench: 2 — Dhananjaya Y. Chandrachud, Hemant Gupta

In Brief

In a politically-motivated clash between BJP and CPM sympathisers near Rosy School, Chozhiyamkod in September 2005, the appellant Mani fatally stabbed a member of the opposing group. The trial court convicted him and three others for murder with common intention, but the High Court acquitted the other three of the murder charge. The Supreme Court upheld the acquittal of the other three, finding no evidence of prior common intention to kill. It modified Mani's conviction from murder (Section 302) to culpable homicide (Section 304 Part I), finding the stabbing was a spontaneous act in heat of passion without intention to cause death. Given that Mani had already served over seven years in prison, his sentence was reduced to time served while maintaining the fine of Rs. 20,000.

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Criminal Law Murder and Culpable Homicide Common Intention Right of Private Defence Exceptions to Murder Political Violence

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