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'Judges don’t know IPC provisions’: SC slams Chhattisgarh HC over downgrade of murder conviction

The Supreme Court criticised the High Court, saying its condition was pathetic and that its judges did not know the distinction between Sections 304 Part I and 304 Part II of the IPC.

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court on Wednesday strongly criticised the Chhattisgarh High Court for converting a murder conviction into culpable homicide and reducing the accused’s life sentence to 10 years, questioning whether its judges understood the distinction between the two offences under the IPC.

A bench of Justices J B Pardiwala and K Vinod Chandran issued notices to the state government and the accused, Chintamani alias Chintu Patel, and sought his response on why the High Court’s order should not be set aside and the trial court’s judgment convicting him of murder restored.

“Just see the pathetic condition of the High Court. The judges don’t know what Sections 304 Part I and 304 Part II of the IPC are. You expect the judges to appreciate the evidence,” the bench told the counsel appearing for the accused, who had challenged the High Court’s November 29, 2024, order.

The bench was hearing a petition challenging the Chhattisgarh High Court’s November 29, 2024, order.

The High Court had set aside the accused’s conviction for murder under Section 302 of the Indian Penal Code (IPC), convicted him of culpable homicide under Section 304 of the IPC and reduced his sentence from life imprisonment to 10 years.

The Supreme Court criticised the High Court, saying its condition was pathetic and that its judges did not know the distinction between Sections 304 Part I and 304 Part II of the IPC.

It sought a response on why the High Court’s order should not be set aside and the trial court’s judgment convicting the accused of murder restored. The matter was listed for further hearing after four weeks.

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