Case Note & Summary
The appellant, Kamrujama Abdul Rashid Sayyed, was convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 955/1988 for the offence punishable under Section 304 Part II of the Indian Penal Code (IPC) and sentenced to five years rigorous imprisonment. He was acquitted of the charge under Section 302 IPC. The appellant challenged his conviction before the Bombay High Court. The prosecution case was that on 9 June 1988 at about 4:45 PM, the appellant was sitting in his pan shop adjacent to Gulshan Iran hotel at Musafeerkhana, Bombay. The deceased, Lalita, and her mother arrived at the shop. A quarrel ensued between them, and the appellant used a scissor readily available in the shop to assault Lalita on her chest. Lalita was taken to Saint George Hospital with a history of assault by scissor, where she succumbed to her injury. The complaint was initially lodged under Section 307 IPC. After investigation, the appellant was chargesheeted and committed to sessions. The trial court found that Lalita died a homicidal death and convicted the appellant under Section 304 Part II IPC. The High Court, in appeal, examined the evidence and found that the incident occurred during a sudden quarrel without premeditation. The appellant used a scissor, which was available in the shop, and inflicted a single blow. The court held that the case fell under Exception 4 to Section 300 IPC, making it culpable homicide not amounting to murder. The conviction under Section 304 Part II was upheld, and the sentence of five years rigorous imprisonment was confirmed. The appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II Indian Penal Code, 1860 - Sudden quarrel - The appellant assaulted the deceased with a scissor during a sudden quarrel without premeditation. The court held that the act fell under Exception 4 to Section 300 IPC, as there was no premeditation and the blow was inflicted in the heat of passion. The conviction under Section 304 Part II was upheld. (Paras 1-5) B) Criminal Law - Sentencing - Section 304 Part II Indian Penal Code, 1860 - The trial court sentenced the appellant to five years rigorous imprisonment. The High Court found no reason to interfere with the sentence, considering the nature of the offence and the weapon used. (Para 5)
Issue of Consideration
Whether the conviction under Section 304 Part II IPC is sustainable when the appellant inflicted a single scissor blow during a sudden quarrel without premeditation.
Final Decision
The appeal is dismissed. The conviction under Section 304 Part II IPC and sentence of five years rigorous imprisonment are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Sudden quarrel
- Exception 4 to Section 300 IPC
- Single blow
- No premeditation
- Knowledge of likely death
