Calcutta High Court
Criminal LawCriminal Procedure and Evidence

Spontaneous road rage and efforts to save the victim warranted reducing the sentence.

NIKHIL RAI vs THE STATE OF WEST BENGAL AND ANR

Calcutta High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Spontaneous road rage and efforts to save the victim warranted reducing the sentence.. NIKHIL RAI vs THE STATE OF WEST BENGAL AND ANR. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, a driver travelling from Darjeeling to Tiger Hill, became involved in a road-rage altercation with the victim, another driver. During the ensuing scuffle, the appellant stabbed the victim in the chest; the victim was taken to hospital but was declared dead.

Source reference: para. 3–5, 7–10

An eyewitness identified the appellant, and evidence included the appellant’s admission to others that he had stabbed the victim. The post-mortem attributed death to the injuries and described it as homicidal.

Source reference: para. 3–5, 7–10

The trial court convicted the appellant under Section 304 of the Indian Penal Code (IPC) and sentenced him to ten years’ rigorous imprisonment, a fine of ₹10,000, and six months’ simple imprisonment in default. The appellant appealed against the conviction and sentence.

Source reference: para. 2
02

Issues

Whether the trial court’s conviction of the appellant under Section 304 IPC was supported by the evidence and warranted interference on appeal

Source reference: para. 13, 17

Whether the ten-year sentence should be reduced in light of the circumstances of the offence and the appellant’s post-incident conduct

Source reference: para. 14–16
03

Law Applied

The court considered the offence under Section 304 IPC, under which the appellant had been convicted, and assessed whether the evidence supported that conviction.

Source reference: para. 2, 12–13

In reviewing sentence, it considered the circumstances of the offence, including whether it was spontaneous rather than premeditated, the absence of prior enmity, the appellant’s conduct after the incident, and his incarceration and remorse.

Source reference: para. 14–16
04

Reasoning

The court found the eyewitness and other evidence sufficiently clear to sustain the conviction, and held that discrepancies in the prosecution witnesses’ accounts were not material enough to disturb the trial court’s finding of guilt.

Source reference: para. 7–10, 13

It nevertheless considered the ten-year sentence excessive in the circumstances: the stabbing occurred during a spontaneous road-rage altercation without prior enmity, and the appellant helped take the victim to hospital after the incident. The court also noted that the appellant had served six years and was remorseful.

Source reference: para. 14–16
05

Holding

The court upheld the conviction under Section 304 IPC but partly allowed the appeal by reducing the sentence from ten to seven years.

The appellant was held entitled to any remission available in accordance with law.

Source reference: para. 16–18

The connected application, CRAN 4 of 2026, was disposed of following disposal of the appeal.

Source reference: para. 16–18
06

Acts & Sections Cited

3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Indian Penal Code, 18602

Code of Criminal Procedure, 19731

Calcutta High Court

Original Court PDF

NIKHIL RAIvsTHE STATE OF WEST BENGAL AND ANR

Calcutta High Court · October 05, 2026

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Original judgment, available to read, download and summarize on LawLens.in

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