Case Note & Summary
The appellant, Vishwanath Madhukar Shelar, was convicted by the 3rd Ad-Hoc Additional Sessions Judge, Kolhapur for the murder of his wife Kalpana under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The prosecution case was that on 9th January 2004, the complainant Ganpati Kirolkar visited the appellant's house and had a meal with Kalpana. When the appellant returned home at about 10:00 p.m., he quarreled with his wife, took out a knife, and gave two blows on her chest and stomach, causing her death. The appellant then fled. A complaint was lodged, and the police registered offences under Sections 302 and 506 IPC. The prosecution examined three witnesses: PW1 Ganpati Kirolkar (complainant), PW2 Neminath Kapse (panch witness for recovery of knife), and PW3 Kashinath Rathod (investigating officer). The appellant, in his statement under Section 313 CrPC, admitted most of the prosecution case but claimed that he had seen the complainant and his wife in a compromising position, which provoked him to act. The trial court convicted him under Section 302 IPC. On appeal, the Bombay High Court considered whether the appellant's act fell under Exception 1 to Section 300 IPC (grave and sudden provocation). The court noted that the appellant's defence of provocation was plausible given the circumstances and that the provocation was grave and sudden. The court held that the offence was not murder but culpable homicide not amounting to murder under Section 304 Part I IPC. The court set aside the conviction under Section 302 IPC and convicted the appellant under Section 304 Part I IPC, sentencing him to the period already undergone (about 6 years and 8 months) and reducing the fine. The appellant was ordered to be released unless required in another case.
Headnote
A) Criminal Law - Murder - Grave and Sudden Provocation - Exception 1 to Section 300 Indian Penal Code, 1860 - Section 304 Part I IPC - The appellant, upon seeing his wife in a compromising position with the complainant, was provoked and inflicted knife blows causing death. The court held that the provocation was grave and sudden, reducing the offence from murder to culpable homicide not amounting to murder, punishable under Section 304 Part I IPC. (Paras 5-8) B) Evidence - Recovery of Weapon - Section 27 Indian Evidence Act, 1872 - The recovery of the knife at the instance of the accused was admissible as it led to discovery of a fact. (Para 4) C) Criminal Procedure - Statement under Section 313 CrPC - Admission of Facts - The accused's admission of most prosecution facts in his statement under Section 313 CrPC was considered, but his defence of provocation was accepted. (Para 4)
Issue of Consideration
Whether the appellant's act of killing his wife falls under Exception 1 to Section 300 IPC (grave and sudden provocation) and whether the conviction under Section 302 IPC should be altered to Section 304 Part I IPC.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside. The appellant is convicted under Section 304 Part I IPC and sentenced to the period already undergone (about 6 years and 8 months). The fine of Rs. 500/- is reduced to Rs. 100/-. The appellant is directed to be released forthwith unless required in any other case.
Law Points
- Grave and sudden provocation
- Exception 1 to Section 300 IPC
- Section 304 Part I IPC
- Homicidal death
- Recovery of weapon
- Admissibility of evidence
