Case Note & Summary
The appellant, Hasan Mohamed Kadar Badshah, was convicted by the Additional Sessions Judge, Greater Mumbai, for the murder of his son-in-law under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 8.12.1999, the deceased visited the appellant's house to take his wife and child back, leading to an altercation. The appellant, enraged, struck the deceased on the head with a wooden stick, causing his death. The appellant challenged his conviction, arguing that the offence fell under Exception 4 to Section 300 IPC and should be altered to Section 304 Part II IPC. The High Court analyzed the evidence and found that the incident occurred during a sudden quarrel without premeditation, and the appellant acted with knowledge but without intention to cause death. The court noted that the appellant was the father-in-law, the deceased was his son-in-law, and the quarrel arose from family discord. The single blow with a wooden stick was not aimed at a vital part with sufficient force to indicate intention to kill. Accordingly, the court altered the conviction from Section 302 IPC to Section 304 Part II IPC and reduced the sentence to the period already undergone (about 11 years), setting aside the fine. The appeal was partly allowed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Exception 4 to Section 300 IPC - Sudden Quarrel - Single Blow - The appellant-accused, father-in-law of the deceased, struck a single blow with a wooden stick on the head of the deceased during a sudden altercation over marital discord. The court held that the case falls under Exception 4 to Section 300 IPC as there was no premeditation, the quarrel was sudden, and the single blow was not intended to cause death but only knowledge of likely death. Conviction under Section 302 IPC altered to Section 304 Part II IPC. (Paras 1-10)
B) Criminal Law - Sentencing - Section 304 Part II IPC - Imprisonment for Life - The court, after altering conviction to Section 304 Part II IPC, reduced the sentence to the period already undergone (about 11 years) and set aside the fine, considering the appellant's age (55 years) and the fact that he had already served a substantial sentence. (Para 10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder can be altered to Section 304 Part II IPC on the ground that the incident occurred during a sudden quarrel without premeditation and the appellant acted with knowledge but without intention to cause death.
Final Decision
The appeal is partly allowed. The conviction of the appellant under Section 302 IPC is altered to one under Section 304 Part II IPC. The sentence is reduced to the period already undergone (about 11 years) and the fine is set aside. The appellant is to be released forthwith unless required in any other case.
Law Points
- Culpable homicide not amounting to murder
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Single blow
- Knowledge but no intention
- Section 304 Part II IPC
Case Details
2011 LawText (BOM) (02) 129
Criminal Appeal No. 996 of 2004
A.M. Khanwilkar, A.R. Joshi
Mr Nitin Sejpal, Ms Pooja Bhojne (for Appellant), Mr H. J. Dedhia (A.P.P. for State)
Hasan Mohamed Kadar Badshah
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought alteration of conviction from Section 302 IPC to Section 304 Part II IPC.
Filing Reason
Appellant challenged his conviction and life sentence for murder of his son-in-law.
Previous Decisions
The Additional Sessions Judge, Greater Mumbai, convicted the appellant under Section 302 IPC and sentenced him to life imprisonment with fine in Sessions Case No.256 of 2000 on 2.7.2004.
Issues
Whether the conviction under Section 302 IPC should be altered to Section 304 Part II IPC on the ground that the incident occurred during a sudden quarrel without premeditation and the appellant acted with knowledge but without intention to cause death.
Submissions/Arguments
Appellant argued that the case falls under Exception 4 to Section 300 IPC as there was a sudden quarrel, no premeditation, and a single blow was inflicted, thus the offence is culpable homicide not amounting to murder punishable under Section 304 Part II IPC.
State opposed the alteration, contending that the appellant intended to cause death or at least had knowledge that the blow was likely to cause death, justifying conviction under Section 302 IPC.
Ratio Decidendi
The case falls under Exception 4 to Section 300 IPC as the incident occurred during a sudden quarrel without premeditation, and the appellant, being the father-in-law, struck a single blow with a wooden stick on the head of the deceased. The act was done with knowledge that it was likely to cause death but without intention to cause death, thus the offence is culpable homicide not amounting to murder punishable under Section 304 Part II IPC.
Judgment Excerpts
Heard rival submissions on earlier date on the present criminal appeal preferred by the sole appellant-accused challenging his conviction for the offence punishable under Section 302 of the Indian Penal Code (IPC).
By the order dated 2.7.2004, learned Additional Sessions Judge, Greater Mumbai, convicted the appellant-accused for the offence punishable under Section 302 of the Indian Penal Code in Sessions Case No.256 of 2000.
Prior to discussing the only submission mentioned in the present appeal as to alter the conviction from the offence punishable under Section 302 of the I.P.C. to the offence under Section 304 Part II of the I.P.C., the case of the prosecution, in brief, and certain admitted position can be narrated, as under:
Procedural History
The appellant was convicted by the Additional Sessions Judge, Greater Mumbai, on 2.7.2004 in Sessions Case No.256 of 2000 for murder under Section 302 IPC and sentenced to life imprisonment. He appealed to the Bombay High Court, which heard the appeal and delivered judgment on 15.2.2011.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 304 Part II, 300 Exception 4
