Case Note & Summary
The appellant, Rajendra Govindrao Jadhav, was convicted by the Additional Sessions Judge, Nilanga, under Section 304 Part II of the Indian Penal Code for causing the death of his wife, Vanita. The incident occurred on 14 February 1999 when a quarrel broke out between the deceased and the appellant's mother over petty issues. The appellant, who had returned home during the quarrel, became enraged when his parents complained about the deceased's behavior and demanded separation. He took a pickaxe and gave three blows on the head of the deceased, causing bleeding injuries. The deceased collapsed and died. The appellant also attempted to throw his one-year-old daughter but was prevented by his father. The trial court convicted the appellant under Section 304 Part II IPC, sentencing him to rigorous imprisonment. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of eyewitnesses and the post-mortem report, which confirmed three incised wounds on the head and fracture of skull bones as the cause of death. The court considered whether the offence amounted to murder under Section 300 IPC or culpable homicide not amounting to murder. It noted that the quarrel was sudden and without premeditation, and the appellant acted in the heat of passion. The court applied Exception 4 to Section 300 IPC, which reduces murder to culpable homicide when death is caused in a sudden fight without premeditation. The court held that the appellant had knowledge that his act was likely to cause death but no intention to cause death, and thus the conviction under Section 304 Part II was appropriate. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II IPC - Sudden quarrel - The appellant gave three blows with a pickaxe on the head of his wife during a sudden quarrel arising from domestic disputes. The court held that the act was done without premeditation in a sudden fight in the heat of passion, and the appellant had knowledge that such act was likely to cause death but no intention to cause death. Conviction under Section 304 Part II was upheld. (Paras 1-10) B) Criminal Law - Exception 4 to Section 300 IPC - Sudden fight - The court considered Exception 4 to Section 300 IPC which applies when death is caused in a sudden fight without premeditation. The court found that the quarrel was sudden and the appellant acted in the heat of passion, thus the case fell under Exception 4, reducing the offence from murder to culpable homicide not amounting to murder. (Paras 8-10) C) Evidence - Medical evidence - Cause of death - The post-mortem report showed three incised wounds on the head and fracture of skull bones, leading to shock and hemorrhage. The medical evidence corroborated the prosecution case that the death was homicidal. (Paras 4-5)
Issue of Consideration
Whether the appellant's act of causing death of his wife by giving three blows with a pickaxe on her head amounts to murder under Section 300 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC, and whether the conviction under Section 304 Part II is sustainable.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of the appellant under Section 304 Part II of the Indian Penal Code.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Exception 4 to Section 300 IPC
- Sudden quarrel
- No premeditation
- Knowledge of likely death
- Domestic violence
- Dowry death not proved
