Case Note & Summary
The appellants, Nawaz and Ragila, were convicted by the Trial Court and High Court for murder under Section 302 read with Section 34 IPC and for causing disappearance of evidence under Section 201 IPC. The Supreme Court heard the appeal. The facts revealed that the deceased, husband of accused No.1, had an illicit relationship suspicion and on the day of incident, he quarrelled with accused No.1, calling her and her daughter prostitutes. Accused No.2 slapped the deceased, and both accused throttled him with a towel, burnt the body, and abandoned it. The dead body was found two days later, and after 40 days, accused No.1 made an extrajudicial confession to a teacher (PW8). The Supreme Court examined the extrajudicial confession and found it probable, but noted that the provocation by the deceased was sudden and grave, depriving the accused of self-control. The Court held that the offence falls under Exception 1 to Section 300 IPC, thus punishable under Section 304 Part I IPC, not Section 302. The conviction under Section 201 IPC was upheld. The Court modified the sentence to ten years rigorous imprisonment under Section 304 Part I, to run concurrently with the sentence under Section 201, and granted set off for the period already undergone.
Headnote
A) Criminal Law - Murder - Culpable Homicide - Sudden and Grave Provocation - Section 302, Section 304 Part I, Section 300 Exception 1, Indian Penal Code, 1860 - The deceased called his wife (accused No.1) and daughter prostitutes, leading to a sudden quarrel; accused No.2 slapped the deceased, and both accused throttled him with a towel and burnt the body. The Supreme Court held that the provocation was sudden and grave, depriving the accused of self-control, thus the offence falls under Section 304 Part I IPC, not Section 302 IPC (Paras 12-13). B) Criminal Law - Evidence - Extrajudicial Confession - Reliability - Indian Evidence Act, 1872 - The extrajudicial confession made by accused No.1 to a teacher (PW8) after 40 days was considered weak but probable; the Court accepted it as genuine, noting the accused's conduct in hiding the offence (Paras 10-11). C) Criminal Law - Offence of Causing Disappearance of Evidence - Section 201, Indian Penal Code, 1860 - The accused transported and abandoned the dead body to conceal the offence; the Court upheld the conviction under Section 201 IPC (Para 13).
Issue of Consideration
Whether the conviction under Section 302 IPC is sustainable or whether the case falls under Section 304 Part I IPC due to sudden and grave provocation.
Final Decision
The Supreme Court modified the conviction from Section 302 IPC to Section 304 Part I IPC and sentenced the appellants to rigorous imprisonment for ten years, to run concurrently with the sentence under Section 201 IPC. The appeals were allowed in part.
Law Points
- Extrajudicial confession
- Sudden and grave provocation
- Section 304 Part I IPC
- Section 300 Exception 1 IPC
- Section 201 IPC
