Case Note & Summary
The appellant, Digambar @ Digu Baburao Shirole, was convicted by the learned District Judge-2 and Additional Sessions Judge, Shrirampur, for the murder of Rajendra Shirole under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 20-12-2015, between 4:00 p.m. and 4:30 p.m., the appellant came to the deceased's field and demanded extra saplings. When the deceased refused, a quarrel ensued, and the appellant attacked the deceased with the wooden handle of a spade and pressed his neck. The deceased was taken to the hospital where he was declared dead. The appellant appealed against the conviction. The High Court examined the evidence and found that the incident arose from a sudden quarrel without premeditation. The appellant had no intention to cause death, and the weapon used was an agricultural implement not carried with premeditation. The court held that the case falls under Exception 4 to Section 300 IPC, which applies when the act is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and the offender does not take undue advantage or act in a cruel or unusual manner. Consequently, the conviction under Section 302 IPC was set aside, and the appellant was convicted under Section 304 Part I IPC, sentencing him to 10 years rigorous imprisonment and a fine of Rs. 5,000.
Headnote
A) Criminal Law - Culpable Homicide - Exception 4 to Section 300 IPC - Sudden Quarrel - The appellant was convicted under Section 302 IPC for causing death of deceased by hitting with wooden handle of spade during a sudden quarrel over saplings. The High Court held that the incident occurred on the spur of the moment without premeditation, and the appellant did not act in a cruel or unusual manner. Therefore, the case falls under Exception 4 to Section 300 IPC, reducing the offence to culpable homicide not amounting to murder, punishable under Section 304 Part I IPC. (Paras 10-14) B) Criminal Law - Sentencing - Section 304 Part I IPC - The High Court, after setting aside conviction under Section 302 IPC, sentenced the appellant to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5,000, in default to undergo further rigorous imprisonment for six months. (Para 15)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable or whether the case falls under Exception 4 to Section 300 IPC, making it punishable under Section 304 Part I IPC.
Final Decision
Appeal allowed in part. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part I IPC and sentenced to rigorous imprisonment for 10 years and fine of Rs. 5,000, in default to undergo further rigorous imprisonment for six months.
Law Points
- Culpable homicide not amounting to murder
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Lack of premeditation
- Absence of intention to cause death
- Section 302 IPC
- Section 304 Part I IPC
