Mumbai, May 9 UNI | 3 months ago

The Bombay High Court today upgraded the charge from culpable homicide to murder of two brothers for killing their step-uncle following a dispute over water, after observing that the duo had attacked the victim with a specific intention.


The court also enhanced the sentence awarded to the two convicts -- Nasibkha Shabbir Khan (22) and Asifkha Shabbir Khan (24)-- from ten years to life imprisonment.

The sessions court had convicted the duo on a lesser charge of Section 304(II)of Indian Penal Code for culpable homicide and sentenced them to ten years' rigorous imprisonment for the murder of their step-uncle Sardarkha Khan.

A division bench of Justices K U Chandiwal and V M Deshpande, however, quashed the conviction under culpable homicide and held the duo guilty under Section 302 of IPC for murder and enhanced their punishment to life imprisonment.

The accused and the deceased were into agriculture business on adjacent lands. They shared a common well and each party used water from it on alternate days.

(Posted on 10-05-2014)