The Supreme Court held that the Sessions Court should take the responsibility of assessing whether a situation of culpable homicide not amounting to murder exists before progressing with the trial of a murder accused.

In the said matter, the accused on 02.08.2011, around 08:30 p.m., woke his son up and asked him to buy a cigarette lighter. An argument ensued, culminating in the accused assaulting his son, which tragically led to the son's death.

The accused was found guilty in this instance, and despite appealing the verdict, the Kerala High Court upheld the conviction.

In appeal, the accused contended that the Courts below did not take into consideration the discrepancies in the evidence of the witnesses and that there is also an inordinate delay in the registration of the First Information Report implicating the accused.

The division bench of Justices AS Bopanna and MM Sundresh noted that there is evidence suggesting that the accused indeed made an effort to resuscitate his son following the incident.

The accused reportedly attempted to revive his son by splashing water on his face. Subsequently, he endeavored to provide warmth and promptly transported him to the hospital.

"From the above evidence, it is clear that the case on hand would fall under the offence punishable under Section 304 Part I of the IPC, and not under Section 302 of IPC. It is trite that a duty is enjoined upon the Court of Sessions to undertake an exercise and to satisfy itself whether a case of culpable homicide not amounting to murder is made out or not, before proceeding with the trial of an accused for murder. The materials available on record would clearly establish the fact that this is a case of a culpable homicide not amounting to murder, and therefore would fall under the offence punishable under Section 304 Part I of the IPC", the bench observed.

Partially granting the appeal, the bench changed the conviction to Section 304 Part I of the Indian Penal Code (IPC) and mitigated the sentence to the duration the accused had already served.