Case Note & Summary
The appellant, Radheshyam Hiralal Sahare, was convicted by the Additional Sessions Judge, Nagpur in Sessions Trial No. 536 of 2007 for the offence punishable under Section 304, Part-II of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for seven years and a fine of Rs. 1000/-, in default, further rigorous imprisonment for one month. The appeal was directed against this judgment and order dated 15.7.2008. The brief facts are that on 18.8.2007 at about 8:00 pm, the complainant Wasudeo Mahadeo Landge's son Manish (deceased) left the house. After some time, the complainant heard shouts of Manish saying 'Melo Re Bappa' (I am dying). The complainant and his wife rushed to the spot and saw the appellant running away with a knife. Manish was found lying on the ground with a stab injury on his left side of the chest. He was taken to the hospital where he was declared dead. The post-mortem report indicated that the death was due to shock and hemorrhage caused by the stab injury. The appellant was arrested and charged under Section 302 IPC for murder. The trial court, however, convicted him under Section 304 Part II IPC, holding that the act was done during a sudden quarrel without premeditation and without intention to cause death, but with the knowledge that it was likely to cause death. The appellant challenged the conviction and sentence. The High Court, after examining the evidence and submissions, upheld the conviction and sentence, finding no merit in the appeal. The court noted that the appellant had already undergone imprisonment for about 2 years and 5 months, but the sentence of seven years was not reduced.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II, Indian Penal Code, 1860 - Sudden quarrel - The appellant stabbed the deceased with a knife during a sudden quarrel without premeditation. The court held that the act was done with the knowledge that it was likely to cause death but without intention to cause death, thus falling under Exception 4 to Section 300 IPC and punishable under Section 304 Part II IPC. (Paras 1-10) B) Criminal Law - Sentencing - Section 304 Part II, Indian Penal Code, 1860 - The appellant was sentenced to rigorous imprisonment for seven years and fine of Rs. 1000/-. The court upheld the sentence, noting that the appellant had already undergone imprisonment for about 2 years and 5 months, but the sentence was not reduced. (Paras 1-10)
Issue of Consideration
Whether the appellant's act of stabbing the deceased during a sudden quarrel amounts to murder or culpable homicide not amounting to murder, and whether the conviction under Section 304 Part II IPC is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 304 Part II IPC are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Sudden quarrel
- Exception 4 to Section 300 IPC
- Section 304 Part II IPC
- Knowledge of likely death
- No intention to cause death
