Badal Murmu and Ors. Vs. State of West Bengal
Murder – offence converted
Criminal Appeal No. 1502 of 2004-Decided on 5-2-2014.
Though, there can be no justification for the appellants’ actions, their anger and reaction to the theft of hen must be viewed against the background of their economic and social status. Moreover, we are informed that the appellants are in jail for almost 14 years. Apart from the legal angle, this, in our view, is a case where justice must be tempered with mercy. In the peculiar circumstances of the case, in our opinion, convicting the appellants for culpable homicide not amounting to murder and sentencing them for the period already undergone by them by resorting to Section 304 Part II of the IPC will meet the ends of justice...read more
