Case Note & Summary
The appellant, Kalabai, was convicted under Section 302 IPC for the murder of her sister-in-law, Lalita Bai, by throwing a burning kerosene stove on her during a quarrel, resulting in 96% burns and death. The trial court and High Court upheld the conviction. The Supreme Court issued limited notice on the nature of offence. The Court found that the appellant had no intention to kill, as the act occurred during a sudden quarrel, and she only had knowledge that her act was likely to cause death. Relying on Hari Shanker v. State of Rajasthan, the Court altered the conviction to Section 304 Part II IPC and reduced the sentence to five years rigorous imprisonment.
Headnote
A) Criminal Law - Murder vs. Culpable Homicide - Section 302 IPC, Section 304 Part II IPC - Alteration of Conviction - Appellant threw a burning stove on the deceased during a sudden quarrel, causing 96% burns and death - Held that the act was done with knowledge that it was likely to cause death but without intention to cause death, thus conviction altered from Section 302 to Section 304 Part II IPC (Paras 13-18).
B) Evidence - Dying Declaration - Fit State of Mind - Deceased's dying declaration recorded by Magistrate after certification by doctor that she was fit to give statement - Held that the dying declaration was reliable and properly proved by prosecution witnesses (Paras 12-13).
Issue of Consideration
Whether the appellant's conviction under Section 302 IPC should be altered to Section 304 Part II IPC given the absence of intention to cause death and the sudden quarrel scenario.
Final Decision
Appeal partly allowed; conviction altered from Section 302 IPC to Section 304 Part II IPC; sentence reduced from life imprisonment to rigorous imprisonment for five years.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Dying declaration
- Intention vs. knowledge
- Sudden quarrel
- Alteration of conviction
Case Details
Criminal Appeal No.763 of 2019 (arising out of SLP (Crl.) No.9312/2014)
Ashok Bhushan, K.M. Joseph
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Nature of Litigation
Criminal appeal against conviction and sentence under Section 302 IPC for murder.
Remedy Sought
Appellant sought alteration of conviction from Section 302 IPC to Section 304 Part II IPC and reduction of sentence.
Filing Reason
Appellant was convicted for murder by throwing a burning stove on the deceased, resulting in death.
Previous Decisions
Trial court convicted appellant under Section 302 IPC with life imprisonment; High Court dismissed appeal.
Issues
Whether the appellant's conviction under Section 302 IPC should be altered to Section 304 Part II IPC given the absence of intention to cause death and the sudden quarrel scenario.
Submissions/Arguments
Appellant argued no motive or intention to kill, and that the deceased was not in a fit state to give dying declaration.
State argued that dying declaration was reliable and conviction was correct; limited notice restricted challenge to nature of offence.
Ratio Decidendi
Where the accused throws a burning stove on the deceased during a sudden quarrel without premeditation or intention to cause death, but with knowledge that the act is likely to cause death, the offence falls under Section 304 Part II IPC, not Section 302 IPC.
Judgment Excerpts
There is no evidence to come to conclusion that the appellant had any intention to kill the deceased.
Since the appellant had thrown a burning stove on the deceased, he would have known that his act was likely to cause burns resulting in death.
Following the above decision, we are of the view that the present is also a case where in the facts and circumstances of the case, the appellant can be said to have committed offence under Section 304 Part II IPC.
Procedural History
Trial court convicted appellant under Section 302 IPC with life imprisonment. High Court dismissed appeal. Supreme Court issued limited notice on nature of offence and partly allowed appeal altering conviction to Section 304 Part II IPC.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 304 Part II, 307, 34, 114
