Murder over mangoes: SC converts conviction from murder to culpable homicide not amounting to murder

New Delhi: The Supreme Court has converted conviction of three men from murder to less stringent culpable homicide not amounting to murder, since it was not a pre-planned incident occured due to a fight among children over mangoes 40 years ago.

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah also reduced the sentence of the appellants Man Bahadur Singh, Bharat Singh and Bhanu Pratap Singh from life imprisonment to seven years rigorous imprisonment with Rs 25,000 fine each to be paid to the victim's family.

On April 19, 1984 at about 2:00 pm, a fight took place between children belonging to two families which resulted in the family of the accused attacking one Vishwanath Singh (deceased), who was father of Dabbu (one of the children involved in the fight).

The five accused named in the FIR in Gonda district were armed with 'Lathis'. However, two of them died during the pendency of appeal before the Allahabad High Court.

The court noted there were eye witnesses which proved the incident related to the attack. The witnesses were put to a lengthy cross-examination in the trial but nothing has come which could cast any doubt on their testimony.

"Under these circumstances, the fact that the death is homicidal is not in question and the fact that the deceased died due to the injuries caused to him by the lathi blows inflicted by the appellants, has also been clearly established by the evidence placed by the prosecution," the bench noted.

However, going by the deposition of all the eye witnesses, the bench said, "This is not a case of pre-planned murder. The incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased-Vishwanath Singh, (the father of one of the children), being killed."

In view of the nature of injuries and weapon of the offence, the court felt inclined to accept the argument that it is indeed a case of culpable homicide not amounting to murder and it is not murder.

The court convicted the appellants for the less stringent offence with reduced sentence of seven years rigorous imprisonment with the fine.