Drunken act sans intent not murder: HC frees man after 13 yrs
Kolkata: The Calcutta High Court has set aside a murder conviction and life sentence imposed on a Murshidabad man, holding that the evidence on record did not establish intention to cause death and instead made out a case of culpable homicide not amounting to murder. A Division Bench comprising Justice Rajasekhar Mantha and Justice Md. Shabbar Rashidi delivered the judgment on February 24, 2026, allowing the criminal appeal of Aktar Sk. and modifying his conviction. The trial court had convicted the appellant under Sections 302 and 498A of the IPC in connection with the death of his wife, who suffered burn injuries on December 18, 2011 and died on January 1, 2012. The prosecution case was that the appellant, allegedly in a drunken condition and described as a habitual gambler, demanded his wife’s earrings and, upon refusal, poured kerosene on her and set her ablaze. The High Court noted that there were no eyewitnesses to the incident and that two family members had turned hostile, claiming the victim sustained burn injuries while cooking. Most of the prosecution witnesses, the court observed, gave hearsay evidence. The Bench examined the medical records from Anupnagar B.P.H.C. Hospital and Jangipur S.D. Hospital, which recorded that the victim had stated her husband set her on fire. However, the court also took note of the fact that the appellant had arranged for medical treatment, including calling a local practitioner and hiring a taxi to send her to hospital. Significantly, the court found no prior evidence of cruelty and noted that no complaint was lodged with police between the date of the incident and the victim’s death. Holding that the evidence did not prove intention to cause death, the Bench concluded that the offence would fall under Part II of Section 304 of the IPC. The convictions under Sections 302 and 498A were set aside. As the appellant had already undergone more than 13 years of incarceration, the court sentenced him to the period already served and directed that he be released forthwith, subject to execution of a statutory bond.
