Kahan Singh v. State of Haryana

Quick Summary

The Supreme Court confirmed the conviction for murder with common intention (Section 302/34 IPC). It said: (1) procedural errors like alternative charges do not upset a trial unless real prejudice is shown; and (2) a self-defence story must be believable and consistent. Here, the defence version did not fit the medical and witness evidence. The FIR and independent witnesses supported the prosecution.

Issues

• Were the appellants guilty of murdering Moti Ram and Balak Ram under Section 302/34 IPC?
• Did framing alternative charges cause prejudice and vitiate the trial?
• Was the plea of self-defence credible on the facts?

Rules

• Procedural defects & prejudice: Errors in charges do not nullify proceedings unless the accused proves actual prejudice; substance over technicality.
• Self-defence: Must be supported by clear, consistent facts; it fails if contradicted by reliable prosecution evidence.
• Section 302 read with Section 34 IPC: Common intention + participation can attract liability for murder.

Arguments

Judgment

• Conviction affirmed: Section 302/34 IPC made out beyond reasonable doubt.
• No prejudice: Alternative charges did not vitiate trial; no actual prejudice shown.
• Self-defence rejected: Story inconsistent; medical and ocular evidence supported prosecution.
• Sentence: Life imprisonment confirmed.

Ratio

Courts prioritise substantive justice: mere technical defects in charges do not undo a trial absent real prejudice. A self-defence plea must be credible and match the medical and witness record; otherwise it fails. Common intention supports conviction under Section 302/34 IPC.

Why It Matters

• Clarifies when charge-framing errors actually matter.
• Sets a practical test for assessing self-defence in homicide cases.
• Shows how FIR plus independent corroboration can clinch guilt under 302/34 IPC.

Key Takeaways

• Prejudice test: Technical errors ≠ reversal unless prejudice proved.
• Self-defence: Needs consistent story + supportive evidence.
• Common intention: Joint action can fix murder liability under 302/34.

Mnemonic + 3-Step Hook

Mnemonic: “KAHAN = Kill act, Alternative charges harmless, Honest self-defence?—No.”

1. Check Guilt: FIR + witnesses + medical = 302/34.
2. Check Prejudice: Did charges confuse defence? Prove it.
3. Check Defence: Self-defence must fit facts, not guesswork.

IRAC Outline

Glossary

Section 302 IPC

Punishes the offence of murder.

Section 34 IPC

Acts done with common intention—joint liability.

Prejudice

A real disadvantage suffered by the accused affecting defence or fairness of trial.

Self-Defence

Right of private defence; must be proportionate and supported by facts.