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Informative

Supreme Court on Conversion of Conviction from Section 302/149 IPC to Section 304 Part II IPC in Case of Free Fight.

Update / Judgement Date

28 Oct 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Criminal LawOther Legal Matters
Supreme Court on Conversion of Conviction from Section 302/149 IPC to Section 304 Part II IPC in Case of Free Fight.
WCP News Bulletin
Headnote:

The Supreme Court modified the conviction of the appellants from Section 302 read with Section 149 IPC to Section 304 Part II read with Section 149 IPC, holding that the incident arose out of a sudden “free fight” without premeditation. The Court emphasized that where both sides suffer injuries and there is no common object to kill, the case does not attract murder under Section 302 IPC but culpable homicide not amounting to murder.


Background:
  1. The appellants were convicted by the trial court and the High Court under Sections 302/149, 148, and 323/149 IPC for causing the death of two individuals during a group clash.
  2. The prosecution alleged that the accused attacked the complainant party with lathis and firearms, leading to fatal injuries.
  3. The defense contended that the fight was not pre-planned but a result of a sudden confrontation between two groups, each sustaining injuries.
  4. The appellants challenged the conviction before the Supreme Court.


Court’s Observations:
  1. The Court found that both parties had sustained injuries, indicating a free fight rather than a premeditated attack.
  2. There was no clear evidence of a common object to commit murder, which is essential to sustain conviction under Section 302/149 IPC.
  3. The Court relied on precedents holding that in cases of group clashes arising out of sudden quarrels, Section 304 Part II IPC is more appropriate.
  4. The nature of weapons used and the manner of assault did not reflect an intention to cause death.
  5. Consequently, the conviction was altered from Section 302 IPC to Section 304 Part II IPC, and the sentence was reduced accordingly.


Legal Provisions Discussed:
  1. Section 302, Indian Penal Code (IPC): Punishment for murder.
  2. Section 304 Part II, IPC: Culpable homicide not amounting to murder, where death is caused without intention but with knowledge.
  3. Section 149, IPC: Every member of an unlawful assembly guilty of an offence committed in prosecution of common object.
  4. Sections 147 & 148, IPC: Punishment for rioting and rioting armed with deadly weapons.

Citation: 2025 INSC 1262

Case: Om Pal & Ors. v. State of U.P. (now State of Uttarakhand)

Court: Supreme Court of India

Coram: Justice Prashant Kumar Mishra

Criminal Appeal Nos.: 1624, 1613–1614 of 2011