Case Note & Summary
The appellant, Sangit s/o Rajaram Ingle, was convicted by the Additional Sessions Judge, Khamgaon, for the murder of Ganesh Ingale under Section 302 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs. 500. The incident occurred on 17.01.2012 in village Varvat Bakal. Earlier that day, the appellant had slapped and abused the deceased's wife, Ranjana (PW1), leading to a non-cognizable complaint. Later that evening, around 8:30 PM, when the deceased came out of his house, the appellant confronted Ranjana about the complaint. The deceased tried to intervene, and the appellant stabbed him in the abdomen with a Gupti and also struck him on the back. The deceased was taken to hospital and died on 21.01.2012 due to septicemia. The appellant was charged and convicted. In appeal, the High Court examined whether the offence amounted to murder. The court noted that the incident arose from a sudden quarrel without premeditation, and the appellant did not act in a cruel or unusual manner. The medical evidence indicated that the injury was not on a vital part and death was caused by septicemia, not directly by the stab wound. 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 302 IPC was set aside and altered to Section 304 Part I IPC. Considering the appellant had already undergone about 7 years of imprisonment, the court sentenced him to the period already undergone and directed his release unless required in another case.
Headnote
A) Criminal Law - Murder - Culpable Homicide - Section 302, 304 Part I, Exception 4 to Section 300 IPC - Sudden Fight - The appellant was convicted for murder under Section 302 IPC for stabbing the deceased with a Gupti. The High Court held that the incident occurred during a sudden quarrel without premeditation, and the appellant did not act in a cruel or unusual manner. The death was caused by septicemia, not directly by the stab wound. The court altered the conviction to Section 304 Part I IPC, sentencing the appellant to the period already undergone (about 7 years). (Paras 1-20) B) Evidence - Medical Evidence - Cause of Death - Septicemia - The medical evidence showed that the deceased died due to septicemia resulting from the stab wound, not from the injury itself. The court noted that the injury was not on a vital part and the appellant did not intend to cause death. This supported the finding that the offence was not murder but culpable homicide not amounting to murder. (Paras 10-15)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable or whether the offence falls under a lesser degree of culpable homicide.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside and altered to Section 304 Part I IPC. The appellant is sentenced to the period of imprisonment already undergone (about 7 years). He shall be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 304 Part I IPC
- Exception 4 to Section 300 IPC
- culpable homicide not amounting to murder
- sudden fight
- lack of premeditation
- medical evidence
- septicemia
- intention to cause death
