Case Note & Summary
The appellant, Sunny @ Santosh Dharmu Bhosale, was convicted by the trial court under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of Gopal Bhosale, and sentenced to life imprisonment. The High Court of Bombay upheld the conviction. The appellant appealed to the Supreme Court. The prosecution case was that on 21st March 2014, the appellant came to the house of Rajendra Bhosale (PW-5) and started abusing him and his wife Chayya over a loan. The deceased Gopal Bhosale, who was present with his wife Sunita Bhosale (PW-6), intervened and asked the appellant to stop. The appellant then abused the deceased and left, with the deceased following him. Later, the appellant assaulted the deceased with a bamboo stick, causing fatal injuries. The appellant was charged under Sections 302 and 504 IPC. The trial court convicted him under Section 302 IPC, and the High Court affirmed. The Supreme Court considered the evidence of eyewitnesses Rajendra Bhosale (PW-5), Mangesh Bhosale (PW-3), and Sunita Bhosale (PW-6). The court found that the presence of Mangesh Bhosale (PW-3) was doubtful due to the distance of his house from the incident spot, but the evidence of Rajendra Bhosale (PW-5) and Sunita Bhosale (PW-6) was consistent on the identity of the appellant as the assailant. However, the court noted that the incident occurred in a sudden quarrel without premeditation. The appellant had come to the house of Rajendra Bhosale (PW-5) without any weapon, and the bamboo stick used was commonly available. The deceased followed the appellant after an altercation, and the assault took place in the heat of passion. The court held that the case fell under Exception 4 to Section 300 IPC, as the fight was sudden, there was no premeditation, the appellant did not take undue advantage, and the act was not cruel or unusual. Accordingly, the Supreme Court allowed the appeal in part, set aside the conviction under Section 302 IPC, and convicted the appellant under Section 304 Part I IPC, sentencing him to the period already undergone (about 10 years and 6 months) and directing his release unless required in another case.
Headnote
A) Criminal Law - Murder - Culpable Homicide - Exception 4 to Section 300 IPC - Sudden Fight - The court considered whether the appellant's act of causing death by a bamboo stick in a sudden quarrel without premeditation falls under Exception 4 to Section 300 IPC, reducing the offence from murder to culpable homicide not amounting to murder. The court held that the prosecution failed to prove premeditation; the incident occurred in a sudden fight in the heat of passion upon a sudden quarrel, and the appellant did not take undue advantage or act in a cruel or unusual manner. Therefore, the conviction under Section 302 IPC was altered to Section 304 Part I IPC. (Paras 13-19) B) Evidence - Eyewitness Testimony - Credibility - Contradictions - The court examined the testimonies of eyewitnesses Rajendra Bhosale (PW-5), Mangesh Bhosale (PW-3), and Sunita Bhosale (PW-6) and found that while the identity of the appellant as the assailant was established, the presence of Mangesh Bhosale (PW-3) was doubtful due to the distance of his house from the incident spot. However, the evidence of Rajendra Bhosale (PW-5) and Sunita Bhosale (PW-6) was consistent on material aspects. (Paras 9-12)
Issue of Consideration
Whether the conviction under Section 302 IPC is sustainable or whether the appellant deserves to be convicted for a lesser offence in light of the sudden fight and absence of premeditation.
Final Decision
Appeal allowed in part. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part I IPC and sentenced to the period already undergone (about 10 years and 6 months). Appellant to be released forthwith unless required in any other case.
Law Points
- Sudden fight
- heat of passion
- absence of premeditation
- Exception 4 to Section 300 IPC
- Section 304 Part I IPC
- conviction alteration
