Case Note & Summary
The appellant, Ravi @ Ravikumar Garejwar Anna Gauda, was convicted by the 8th Ad-hoc Additional Sessions Judge, Mumbai, on 3.3.2006 for the offence of murder under Section 302 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for life and a fine of Rs.1000/-. The appellant appealed against this conviction. The prosecution case was that on 29.10.2005, the appellant and the deceased Raju, both working on a handcart selling Vada-pav, went to drink liquor in Fountain Gully, Mumbai. After coming out of the liquor shop, a quarrel broke out between them. The deceased picked up a quarrel, abused, and assaulted the appellant with fists and kicks. The complainant PW-1 Kailash Sahu intervened and took the appellant near Sai Baba Mandir. The deceased followed them and again started abusing the appellant. The appellant then took out a knife and gave a single blow on the chest of the deceased, who died on the spot. The appellant was arrested and charged under Section 302 IPC. The trial court convicted him. In appeal, the appellant's counsel, Dr. Yug Mohit Chaudhary, did not challenge the incident but argued that the offence fell under Section 304 Part-II IPC, not Section 302 IPC, as the act was done during a sudden quarrel without premeditation. The State opposed the appeal. The High Court examined the evidence and found that the incident occurred during a sudden quarrel in the heat of passion, without premeditation, and the appellant acted in a fit of anger. The court held that Exception 4 to Section 300 IPC applied, reducing the offence from murder to culpable homicide not amounting to murder under Section 304 Part-II IPC. The court noted that the appellant had been in custody since 29.10.2005 and had undergone more than six years of imprisonment. Accordingly, the court modified the conviction from Section 302 IPC to Section 304 Part-II IPC and sentenced the appellant to the period already undergone. The fine imposed by the trial court was maintained.
Headnote
A) Criminal Law - Murder vs. Culpable Homicide - Exception 4 to Section 300 IPC - Sudden Quarrel - The appellant and deceased, both co-workers, engaged in a sudden quarrel after consuming liquor, during which the deceased abused and assaulted the appellant with fists and kicks. The appellant, in the heat of passion, stabbed the deceased once with a knife. The court held that the incident occurred without premeditation and in the heat of passion, bringing it within Exception 4 to Section 300 IPC, and thus the offence was culpable homicide not amounting to murder under Section 304 Part-II IPC. (Paras 1-6) B) Sentencing - Period of Imprisonment Already Undergone - Section 304 Part-II IPC - The appellant had been in custody since the date of arrest (29.10.2005) and had undergone more than six years of imprisonment. Considering the nature of the offence and the period already served, the court sentenced the appellant to the period already undergone. (Para 6)
Issue of Consideration
Whether the appellant's act of stabbing the deceased during a sudden quarrel amounts to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part-II IPC.
Final Decision
The High Court allowed the appeal in part. The conviction under Section 302 IPC was set aside and the appellant was convicted under Section 304 Part-II IPC. The appellant was sentenced to the period of imprisonment already undergone (since 29.10.2005). The fine of Rs.1000/- imposed by the trial court was maintained.
Law Points
- Section 302 IPC
- Section 304 Part-II IPC
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Absence of premeditation
- Knowledge but not intention
