Deadly Assault On Sleeping Man After A Fight Not Culpable Homicide But Murder: Bombay High Court

The life sentence given to Mittu Pareda by a Sessions court in 2013 was maintained by a division bench made up of Justices Revati Mohite Dere and Sharmila Deshmukh. Hours after arguing with him and accusing him of taking his phone, Pareda killed his friend in his sleep with a piece of wood.


The accused’s defense attorney claimed that there is no direct evidence linking the defendant to the crime; instead, the entire case is predicated on the theory of the last seen without supporting documentation. The appellant’s attorney claimed that there was no ulterior motivation. He emphasized that they were buddies and that there was no proof of earlier animosity. He added that it wasn’t a premeditated attack and that they were both drunk.

The prosecutor claimed that the case had been proven beyond a reasonable doubt and that the cell phone had been the obvious source of the conflict.

One of the witnesses claimed to have seen the suspect exiting the truck, as well as the blood-covered body of the deceased and the log of wood.


The Bombay High Court recently pointed out that killing a person while they were sleeping after a dispute would be murder, which is punishable under section 302 of the IPC, rather than culpable homicide.

The accused should have had his sentence lowered because the assault was not committed in a fit of rage, the defense said, but the court rejected that claim as well.

As a result, it rejected the appeal.

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Judgement reviewed by Deepa Bajaj.

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