Court Reduces Conviction from Murder to Culpable Homicide in Acid Attack Case

Background

In a significant ruling, the Rajasthan High Court has altered the conviction of Gopal , the accused in an acid attack case, from murder under Section 302 of the Indian Penal Code (IPC) to culpable homicide not amounting to murder under Section 304 IPC. The case originated from an incident on May 15, 2011, where Gopal , allegedly in a drunken state, poured acid on Raunak Jain and his mother, Kalpana Jain , during a dispute over payment for an acid bottle at their shop in Udaipur. Kalpana succumbed to her injuries on June 25, 2011, leading to the initial murder charge.

Arguments

The defense argued that Gopal did not carry the acid bottle with him and that the incident was a result of a sudden altercation, lacking premeditation. They contended that the injuries inflicted were not sufficient to cause death, as Kalpana died over a month after the incident due to an infection. The prosecution, however, maintained that Gopal 's actions were intentional and brutal, supported by eyewitness accounts and medical reports confirming the severity of the burns.

Court's Analysis and Reasoning

The court examined the testimonies of eyewitnesses, including Raunak Jain , who confirmed that Gopal poured acid on both him and his mother after a demand for payment. The court noted that while Gopal 's actions were indeed harmful, they occurred in a sudden fight without prior enmity or planning. The court referenced legal precedents regarding the distinction between murder and culpable homicide, emphasizing that the absence of premeditation and the nature of the incident fell under Exception 4 of Section 300 IPC.

Decision

Ultimately, the Rajasthan High Court reduced Gopal 's conviction to culpable homicide not amounting to murder, sentencing him to the time already served in custody, which amounted to over 13 years. The court's decision highlights the importance of context in determining the nature of a crime, particularly in cases involving sudden altercations. Gopal is set to be released upon payment of a fine, reflecting the court's consideration of the circumstances surrounding the incident.