Case Note & Summary
The appellant, Sachin Subhash Londhe, was convicted by the Additional Sessions Judge, Islampur, for the murder of Amol Pawar under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The incident occurred on 22nd July 2014, when the deceased and the appellant were consuming liquor together. A quarrel ensued after the deceased abused the appellant's mother. The appellant struck the deceased with a stone on the head, causing death. The prosecution examined 10 witnesses, including eyewitnesses and medical experts. The trial court convicted the appellant, holding that the act was intentional and fell under murder. On appeal, the Bombay High Court examined the evidence and found that the incident occurred during a sudden quarrel without premeditation. The court noted that the appellant had no intention to cause death and that the single blow was inflicted in the heat of passion upon sudden provocation. The court held that the case fell under Exception 4 to Section 300 IPC, which reduces culpable homicide to not amounting to murder. Consequently, the conviction under Section 302 IPC was set aside and altered to Section 304 Part I IPC. The appellant was sentenced to the period already undergone (approximately 4 years and 3 months) and a fine of Rs. 1,000/-. The appeal was partly allowed.
Headnote
A) Criminal Law - Murder - Culpable Homicide not amounting to murder - Exception 4 to Section 300 IPC - Single blow - Sudden quarrel - The appellant assaulted the deceased with a single stone blow on the head during a sudden quarrel over abusive language. The court held that the act did not attract the offence of murder as there was no intention to cause death and the act was done without premeditation in a sudden fight. The conviction under Section 302 IPC was altered to Section 304 Part I IPC. (Paras 1-16) B) Criminal Law - Provocation - Abusive language - The deceased had abused the appellant's mother, which provoked the appellant to retaliate. The court considered this as a mitigating factor, bringing the case within Exception 4 to Section 300 IPC. (Paras 3, 16) C) Criminal Law - Sentencing - Section 304 Part I IPC - The court sentenced the appellant to the period already undergone (about 4 years and 3 months) and reduced the fine to Rs. 1,000/-. (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, particularly Exception 4 to Section 300 IPC.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside and altered to Section 304 Part I IPC. The appellant is sentenced to the period already undergone (approximately 4 years and 3 months) and a fine of Rs. 1,000/-.
Law Points
- Culpable Homicide not amounting to murder
- Sudden quarrel
- Exception 4 to Section 300 IPC
- Single blow
- Lack of intention to cause death
- Section 302 IPC
- Section 304 Part I IPC
