Case Note & Summary
The appellant, Bhanudas Narayan Shirke, was convicted by the Sessions Court, Raigad under Section 302 of the Indian Penal Code for the murder of Ashok and sentenced to life imprisonment and a fine of Rs.1000. The incident occurred on 12.9.1997 during Ganapati immersion festivities in Khalapur. The deceased had spattered coloured powder on the appellant, leading to an altercation. The deceased apologized, but the appellant and his friends later killed him near the railway station. The prosecution examined eight witnesses, including four eye-witnesses (PW1, PW4, PW5, PW6) who saw the deceased sitting on a heap of gravel near the platform with the complainant More. The trial court convicted the appellant under Section 302 IPC, acquitted accused No.2, and convicted accused No.3 under Section 323 IPC, releasing him on probation under Section 4 of the Probation of Offenders Act. The appellant challenged his conviction in the High Court. The High Court scrutinized the entire evidence and found that the conviction under Section 302 IPC could not be sustained. The court noted that the incident arose out of a sudden altercation over coloured powder, the appellant inflicted a single blow with a knife without premeditation, and the deceased had provoked the appellant. The court held that the offence falls under Exception 4 to Section 300 IPC and is punishable under Section 304 Part I IPC. Accordingly, the High Court set aside the conviction under Section 302 IPC and convicted the appellant under Section 304 Part I IPC, sentencing him to the period already undergone (which was about 9 years) and reducing the fine to Rs.500, in default to undergo simple imprisonment for one month.
Headnote
A) Criminal Law - Murder - Culpable Homicide not Amounting to Murder - Section 302, 304 Part I Indian Penal Code, 1860 - Conviction under Section 302 IPC set aside and converted to Section 304 Part I IPC where the incident arose out of a sudden altercation over coloured powder during Ganapati immersion festivities, the appellant inflicted a single blow with a knife without premeditation, and the deceased had provoked the appellant by spattering coloured powder - Held that the offence falls under Exception 4 to Section 300 IPC and is punishable under Section 304 Part I IPC (Paras 3-5). B) Criminal Law - Sentence - Probation - Section 4 Probation of Offenders Act, 1958 - Accused No.3 convicted under Section 323 IPC was released on probation on executing a bond - Held that the benefit of probation was appropriately granted considering the nature of the offence (Para 1).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable on the basis of the evidence on record.
Final Decision
The High Court set aside the conviction under Section 302 IPC and convicted the appellant under Section 304 Part I IPC. The appellant was sentenced to the period already undergone (about 9 years) and fine reduced to Rs.500, in default to undergo simple imprisonment for one month.
Law Points
- Section 302 IPC
- Section 304 Part I IPC
- Section 323 IPC
- Probation of Offenders Act Section 4
- Sudden Provocation
- Lack of Premeditation
- Single Blow
- Culpable Homicide not Amounting to Murder
