Case Note & Summary
The appellant, Bapu alias Raju Dynandeo Chavan, was convicted by the Additional Sessions Judge, Sindhudurg-Oros, for the offence punishable under Section 304-I of the Indian Penal Code (IPC) and sentenced to ten years' rigorous imprisonment and a fine of Rs. 2000. The case arose from an incident on 4th April 1996, when the appellant attacked his distant cousin Subhash Chavan with a sickle while the latter was plucking mangoes in his agricultural land. The victim sustained multiple incised wounds and died. The prosecution examined witnesses including PW-11 Dilip Damari, who saw the appellant giving blows, and PW-4 Subhash Ghadi, the Sarpanch, who found the appellant hiding with blood-stained clothes. The appellant claimed that the victim had pelted a stone at him and abused him, provoking the attack. The High Court considered the evidence and found that the incident occurred suddenly without premeditation, and the appellant had no intention to cause death. The court held that the case fell under Exception 4 to Section 300 IPC, which reduces culpable homicide to one not amounting to murder. Consequently, the conviction under Section 304-I was set aside, and the appellant was acquitted. The court directed his release unless required in any other case.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Exception 4 to Section 300 IPC - Sudden Fight - The appellant was convicted under Section 304-I IPC for causing death by a sickle attack. The court examined whether the case fell under Exception 4 to Section 300 IPC, which requires a sudden fight without premeditation. The court found that the incident occurred on the spur of the moment without premeditation, and the appellant acted in a sudden quarrel. The conviction was set aside and the appellant was acquitted. (Paras 1-8)
Issue of Consideration
Whether the conviction under Section 304-I IPC is sustainable given the circumstances of sudden fight and provocation?
Final Decision
Appeal allowed. Conviction under Section 304-I IPC set aside. Appellant acquitted. Bail bonds cancelled. Fine, if paid, to be refunded.
Law Points
- Culpable homicide not amounting to murder
- Exception 4 to Section 300 IPC
- Sudden fight
- Lack of premeditation
- Benefit of doubt
