Case Note & Summary
The appellant, Sunny @ Santosh Dharmu Bhosale, was convicted by the Additional Sessions Judge, Satara, for the murder of his uncle Gopal Mahadev Bhosale under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 21st March 2014 at around 10:30 p.m. in village Shivaji Nagar. The appellant, under the influence of alcohol, started abusing Chayya (wife of PW-5 Rajendra) over a loan issue. The deceased Gopal intervened and asked the appellant to calm down. The appellant then called Gopal out of the house and assaulted him with a bamboo stick on the head and face, causing fatal injuries. The prosecution examined several witnesses including PW-5 Rajendra, PW-6 Sunita (wife of deceased), and PW-3 Mangesh. The trial court convicted the appellant under Section 302 IPC. On appeal, the High Court examined the evidence and found that the incident occurred during a sudden quarrel without premeditation. The appellant had no intention to cause death and acted in the heat of passion. The court held that the case falls under Exception 4 to Section 300 IPC, making it culpable homicide not amounting to murder punishable under Section 304 Part I IPC. The court 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 6 years and 4 months). The appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Culpable Homicide - Section 302, 304, 300 Exception 4 Indian Penal Code, 1860 - Sudden Quarrel - The appellant was convicted for murder under Section 302 IPC for causing death by a single blow with a bamboo stick during a sudden quarrel without premeditation. The High Court held that the case falls under Exception 4 to Section 300 IPC as the act was done without premeditation in a sudden fight, and the accused did not take undue advantage or act in a cruel manner. Conviction altered to Section 304 Part I IPC. (Paras 10-15) B) Criminal Law - Sentencing - Section 304 Part I Indian Penal Code, 1860 - The court sentenced the appellant to the period already undergone (about 6 years and 4 months) considering the nature of the quarrel, absence of premeditation, and the fact that the appellant was a young man. (Para 16)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable or whether the offence falls under a lesser degree of culpable homicide.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part I IPC and sentenced to the period already undergone. Appellant to be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 304 Part I IPC
- Section 304 Part II IPC
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Absence of premeditation
- Culpable homicide not amounting to murder
