Case Note & Summary
The case involved an appeal by Shankar Diwal Wadu against the judgment of the Bombay High Court which upheld his conviction for murder. The incident occurred on 22.10.1995, when the accused attempted to force Kamlibai, the widow of his brother, to his house, leading to an altercation with his brother Mahu Wadu, who intervened. In a fit of rage, the accused struck Mahu with a wooden plank, resulting in Mahu's death. The prosecution presented eight witnesses, including Kamlibai, who corroborated the events leading to the assault. The trial court convicted the accused under Sections 302 and 506 of the Indian Penal Code (IPC), sentencing him to life imprisonment. The High Court dismissed the appeal, prompting the accused to seek special leave from the Supreme Court. The Supreme Court reviewed the evidence and found it credible, but determined that the incident was provoked and occurred in a sudden fit of anger, thus meriting a conviction under Section 304/Part 2 IPC instead of Section 302. The court noted that the appellant had already served 11 years in prison and reduced the sentence to the time already served, quashing the fine and ordering his release unless required in another case.
Headnote
A) Criminal Law - Murder vs. Culpable Homicide - Conviction under Section 302 IPC reduced to Section 304 IPC - Indian Penal Code, 1860, Sections 302, 304 - The court found that the incident occurred in a sudden fit of anger, warranting a lesser charge of culpable homicide not amounting to murder. The evidence supported the claim of provocation, leading to a reduction in the sentence and quashing of the fine imposed. Held that the appellant's actions were not premeditated (Paras 1-2).
Issue of Consideration
Whether the conviction under Section 302 IPC should be maintained or reduced to Section 304 IPC.
Final Decision
The Supreme Court converted the conviction from Section 302 IPC to Section 304/Part 2 IPC, quashed the conviction under Section 506 IPC, reduced the sentence to the period already undergone, and ordered the appellant's release unless required in another case.
Law Points
- Murder
- Sudden provocation
- Conviction under IPC
- Sentencing principles
