Case Note & Summary
The appellant, accused no.1, was convicted by the Trial Court for offences under Sections 294(b) and 302 of the Indian Penal Code (IPC) for the murder of Muthu. The incident occurred on 28th September 2016, when the appellant questioned his brother PW-4 Kesavan about non-payment of electricity charges, leading to an altercation. The deceased Muthu, father-in-law of PW-4, along with PW-1 Kalidoss, came to intervene. During the quarrel, the appellant and accused no.2 went to their house, brought billhooks, and attacked the deceased on his head, causing his death. The Trial Court acquitted accused nos.3 to 6 and convicted accused no.2 under Sections 294(b) and 324 IPC. The appellant appealed against his conviction, and PW-1 appealed against the acquittal of other accused. The High Court dismissed all appeals. The Supreme Court considered whether the offence fell under Section 302 IPC or Part II of Section 304 IPC. The appellant argued that there was no intention to kill, the dispute was with PW-4, and the deceased intervened, so the case fell under exceptions to Section 300 IPC. The Court examined the evidence of eyewitnesses, including related witnesses, and found their testimony consistent and credible. The Court noted that the appellant brought the weapon from his house, indicating intention to cause injury. The deceased was not the aggressor but came to resolve the fight. Therefore, exceptions 1 and 4 of Section 300 IPC were not applicable. The medical evidence showed brain injury and death due to shock and bleeding. The Supreme Court upheld the conviction under Section 302 IPC and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction upheld - Appellant assaulted deceased with billhook on head during quarrel over electricity bill - Deceased was intervening in family dispute - No grave and sudden provocation from deceased - Appellant brought weapon from home indicating intention - Held that offence under Section 302 IPC was proved beyond reasonable doubt (Paras 6-8). B) Criminal Law - Exceptions to Murder - Exceptions 1 and 4 of Section 300 IPC - Not applicable - Appellant initiated quarrel and brought weapon - Deceased was not aggressor - No sudden fight or grave provocation - Held that exceptions do not apply (Para 7). C) Evidence - Ocular Evidence - Related Witnesses - Credibility - Minor discrepancies in time of incident - Evidence of related witnesses consistent and inspires confidence - Held that minor discrepancies do not warrant discarding testimony (Para 6).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable or whether the offence falls under Part II of Section 304 IPC.
Final Decision
Appeal dismissed. Conviction under Sections 294(b) and 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Section 294(b) IPC
- Section 324 IPC
- Section 304 Part II IPC
- Exceptions to Section 300 IPC
- Sudden fight
- Grave and sudden provocation
- Intention to cause death
- Ocular evidence
- Related witnesses
- Minor discrepancies
