Case Note & Summary
The appellant, Smt. Nayana Chandrakant Kamble, was convicted by the learned Adhoc Additional Sessions Judge, Mumbai, under Section 302 of the Indian Penal Code for the murder of her husband and sentenced to life imprisonment. She appealed against this conviction. The prosecution case was that on 28 September 2008, the appellant and her husband had a quarrel in their servant's quarter, and later the appellant was found with bloodstained hands and legs. The husband was found dead with injuries. The appellant claimed that her husband might have fallen in a drunken state. The High Court examined the evidence, including the testimony of the complainant Lt. Vishal Sharma and the medical evidence of PW9 Dr. Murkey, who found 12 CLW injuries on the deceased, but none on vital parts. The court noted that the injuries were simple and caused by a blunt object, and there was no evidence of intention to cause death. The court also considered that the appellant had no motive and the incident occurred during a sudden quarrel. The court held that the case falls under Exception 4 to Section 300 IPC, which covers culpable homicide not amounting to murder when committed without premeditation in a sudden fight. Accordingly, the court set aside the conviction under Section 302 IPC and convicted the appellant under Section 304 Part II IPC, sentencing her to the period already undergone (about 3 years and 5 months). The appeal was partly allowed.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction set aside - Appellant convicted for murder of her husband - Evidence showed quarrel and injuries but no intention to cause death - Injuries were simple and not on vital parts - Court held that the case falls under Exception 4 to Section 300 IPC, punishable under Section 304 Part II IPC - Appellant acquitted under Section 302 and convicted under Section 304 Part II, sentenced to period already undergone (Paras 1-11).
Issue of Consideration
Whether the appellant's conviction under Section 302 IPC for the murder of her husband is sustainable in law, or whether the offence falls under a lesser culpable homicide.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part II IPC and sentenced to the period already undergone (about 3 years and 5 months). Fine of Rs.3,000/- set aside. Appellant to be released forthwith if not required in any other case.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Culpable Homicide not amounting to murder
- Intention to cause death
- Knowledge of likely death
- Benefit of doubt
