The Lucknow bench of the Allahabad High Court on Monday overturned a 40-year-old trial court order, convicting two accused in a 1984 murder case. The bench termed the trial court's judgment as 'completely flawed.'
Case Background
The incident took place on June 15, 1984, in the Maakhi police station area of Unnao district. The deceased, Jamuna Prasad, was constructing a drain on his roof to channel rainwater when the accused — Tulsi Ram, Laxmi Narayan, Jagat Pal, and Harnam — objected. The dispute escalated, and the accused attacked Jamuna Prasad and his brother, Amrit Lal, with sticks and spears. Jamuna Prasad succumbed to his injuries on the way to the hospital.
Trial Court Acquittal
In 1986, a special sessions judge in Unnao acquitted all four accused, granting them the benefit of self-defence. The court reasoned that the accused had also sustained injuries, which the prosecution failed to explain, and thus they acted in self-defence.
High Court's Reversal
Allowing the appeal filed by the state government, a division bench comprising Justice Rajneesh Kumar and Justice Babita Rani convicted the two surviving accused — Tulsi Ram and Laxmi Narayan — under Section 304 Part II of the Indian Penal Code (culpable homicide not amounting to murder). The third and fourth accused, Jagat Pal and Harnam, had died while the appeal was pending.
The high court rejected the self-defence argument, stating that taking someone's life over a minor dispute such as water disposal does not constitute self-defence. The bench found the sessions court's decision to be 'completely flawed' and ordered the custody of the convicted individuals. They are directed to appear before the court on May 11 for a hearing on the quantum of sentence.
Legal Implications
The judgment underscores the principle that the right to self-defence cannot be invoked for disproportionate retaliation in trivial matters. The high court's intervention highlights the appellate court's role in correcting manifest errors of law and fact by lower courts.
