Case Note & Summary
The appellant, Govind Singh, was convicted under Section 302 IPC for the murder of his daughter, Lalita, and sentenced to life imprisonment by the trial court, which was affirmed by the High Court of Chhattisgarh. The prosecution case was that on 23.05.2007 at 7:30 PM, the deceased was sitting in her room with her friend Dev Kumari (PW-1) while her mother Indra Kunwar (PW-2) was cooking. The appellant came to her room and took out the bulb to connect it in the courtyard. When the deceased objected, a wordy quarrel ensued, and the appellant threw a burning chimney lamp on her, causing burn injuries. The deceased succumbed to her injuries seven days later. The dying declaration (Ex.P-16) was recorded by an Executive Magistrate. The eye witnesses turned hostile, and the conviction was based primarily on the dying declaration. The Supreme Court, after hearing both sides, noted that the occurrence was sudden and without premeditation, arising from a quarrel over a bulb. The court held that the act fell 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 conviction under Section 302 IPC was modified to Section 304 Part-II IPC. Considering that the appellant had already undergone about 11 years and 8 months of imprisonment, the sentence was reduced to the period already undergone, and the appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Exception 4 to Section 300 IPC - Sudden Quarrel - The appellant-father threw a burning chimney lamp on his daughter during a sudden quarrel over a bulb, causing burn injuries leading to death. The court held that the act fell under Exception 4 to Section 300 IPC as there was no premeditation and the occurrence was in the spur of the moment. Conviction under Section 302 IPC was modified to Section 304 Part-II IPC. (Paras 7-8) B) Criminal Law - Sentence - Period Already Undergone - Considering the facts and circumstances and the period of imprisonment already undergone (about 11 years 8 months), the sentence was reduced to the period already undergone. (Para 8)
Issue of Consideration
Whether the conviction under Section 302 IPC is sustainable when the occurrence was sudden and without premeditation, falling under Exception 4 to Section 300 IPC.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is modified to conviction under Section 304 Part-II IPC. The sentence of life imprisonment is reduced to the period already undergone (about 11 years 8 months). The appellant is ordered to be released forthwith unless required in any other case.
Law Points
- Exception 4 to Section 300 IPC
- Section 304 Part-II IPC
- Sudden quarrel
- No premeditation
- Spur of moment
