Case Note & Summary
The case arises from a property dispute between two brothers, Ramesh (appellant no.1) and Gajanan (deceased), who lived adjacent to each other. On 9 June 2013, around 4 pm, Gajanan was talking with neighbours in front of his house while Ramesh was cutting firewood with an axe across the road. Gajanan spat Kharra (tobacco), which annoyed Ramesh, who then assaulted Gajanan with the axe, striking him on the head and left thigh. Gajanan's wife Seema rushed to help but was caught by her hair and struck with the blunt side of the axe by Sugandhabai (appellant no.2, mother of Ramesh and Gajanan). Gajanan was taken to hospital and died the next day. The trial court convicted Ramesh under Section 302 IPC for murder and Sugandhabai under Section 324 IPC for voluntarily causing hurt by a dangerous weapon, while acquitting Sugandhabai of murder. Both appealed. The High Court examined the evidence, particularly the nature of the assault. It noted that the incident occurred suddenly over a trivial issue of spitting, without premeditation. Ramesh had no intention to cause death; he gave only two blows, one on the head and one on the thigh. The court held that Exception 4 to Section 300 IPC applies, reducing the offence from murder to culpable homicide not amounting to murder under Part I of Section 304 IPC. The conviction of Sugandhabai under Section 324 IPC was upheld as she voluntarily caused hurt by a dangerous weapon. The court modified Ramesh's sentence to rigorous imprisonment for 10 years and fine of Rs.25,000, and confirmed Sugandhabai's sentence of one year rigorous imprisonment and fine of Rs.2,000.
Headnote
A) Criminal Law - Murder - Culpable Homicide not amounting to murder - Section 302, 304 Part I, 300 Exception 4 IPC - Sudden quarrel - Single axe blow on head without premeditation - Accused and deceased were brothers with property dispute; on a trivial issue of spitting, accused struck deceased with axe on head and thigh. Held that the act was not premeditated and occurred in a sudden quarrel, thus Exception 4 to Section 300 IPC applies, reducing offence to culpable homicide not amounting to murder under Part I of Section 304 IPC (Paras 10-14). B) Criminal Law - Hurt by dangerous weapon - Section 324 IPC - Overt act - Mother caught hair of informant and struck with blunt side of axe - Held that the act of causing hurt by a dangerous weapon is made out, and conviction under Section 324 IPC is confirmed (Paras 15-16). C) Criminal Law - Common intention - Section 34 IPC - Acquittal of mother for murder - No evidence of common intention to cause death - Mother's act of hitting informant was separate and not in furtherance of common intention to murder - Held that acquittal of mother for murder is proper (Para 16).
Issue of Consideration
Whether the conviction of appellant Ramesh under Section 302 IPC for murder is sustainable or whether the offence falls under a lesser culpable homicide not amounting to murder, and whether the conviction of appellant Sugandhabai under Section 324 IPC is sustainable.
Final Decision
Appeal partly allowed. Conviction of appellant no.1 Ramesh under Section 302 IPC is set aside and instead he is convicted under Section 304 Part I IPC and sentenced to rigorous imprisonment for 10 years and fine of Rs.25,000, in default to undergo further rigorous imprisonment for 6 months. Conviction of appellant no.2 Sugandhabai under Section 324 IPC is confirmed and her sentence of rigorous imprisonment for one year and fine of Rs.2,000 is maintained.
Law Points
- Section 302 IPC
- Section 304 Part I IPC
- Section 324 IPC
- Section 34 IPC
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Absence of premeditation
- Knowledge of death
- Intention to cause death
- Overt act
- Common intention
