Case Note & Summary
The appellant, Mohammad Javed @ Zahid Babbuddin Qureshi, was convicted by the Additional Sessions Judge, Pune for the murder of his wife Nazneen under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 18 May 2010, the appellant, under the influence of liquor, quarreled with Nazneen and assaulted her with a wooden stool on her stomach and head, causing her death. The appellant had been married to Nazneen for about 15 years and they had two children. The complainant, Sonu Arun Chavan, Nazneen's brother, lodged a report alleging that the appellant was addicted to liquor and used to assault Nazneen. On the day of the incident, the appellant consumed liquor and quarreled with Nazneen when she questioned his drinking habit. He hit her with a wooden stool, and she fainted. She was taken to Noble Hospital where she died. The trial court convicted the appellant under Section 302 IPC. The appellant appealed to the Bombay High Court. The High Court examined the evidence and found that the incident occurred during a sudden quarrel without premeditation. The appellant had no intention to cause death, and the act was not done in a cruel or unusual manner. The court held that Exception 4 to Section 300 IPC applied, reducing the offence to culpable homicide not amounting to murder punishable under Section 304 Part I IPC. The court also noted that the presumption of dowry death under Section 113B of the Evidence Act was not attracted as the marriage was 15 years old and there was no evidence of dowry demand. Considering that the appellant had already undergone more than 9 years of imprisonment, the court reduced the sentence to the period already undergone and ordered his release.
Headnote
A) Criminal Law - Murder - Culpable Homicide - Section 302, 304, 300 Exception 4 Indian Penal Code, 1860 - Conviction under Section 302 IPC set aside - The appellant assaulted his wife with a wooden stool during a sudden quarrel over his drinking habit - The act was not premeditated and occurred in the heat of passion without any cruel or unusual manner - Held that the offence falls under Exception 4 to Section 300 IPC, punishable under Section 304 Part I IPC (Paras 10-15). B) Evidence Law - Dowry Death - Section 113B Indian Evidence Act, 1872 - Presumption of dowry death not attracted - The prosecution failed to establish that the death occurred within seven years of marriage or that there was demand of dowry - The deceased was married 15 years ago and no evidence of dowry demand - Held that presumption under Section 113B cannot be invoked (Paras 16-18). C) Criminal Law - Sentencing - Section 304 Part I IPC - The appellant has already undergone more than 9 years of imprisonment - Considering the nature of the offence and the period of incarceration, the sentence is reduced to the period already undergone - The appellant is directed to be released forthwith unless required in any other case (Paras 19-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable or whether the offence falls under a lesser culpable homicide.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside and the appellant is convicted under Section 304 Part I IPC. The sentence is reduced to the period already undergone (more than 9 years). The appellant is directed to be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 304 Part I IPC
- Section 304 Part II IPC
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Absence of common intention
- Dowry death
- Section 113B Evidence Act
