Case Note & Summary
The judgment arises from three connected criminal appeals against the judgment and order dated 08/06/2010 passed by the Sessions Judge, Parbhani in Sessions Trial No. 95 of 2010. Criminal Appeal No. 304 of 2011 was filed by the accused Suresh Chopade challenging his conviction under Section 304 Part II of the Indian Penal Code (IPC) for culpable homicide not amounting to murder. Criminal Appeal Nos. 654 and 655 of 2011 were filed by the State seeking enhancement of the sentence and setting aside the acquittal of the accused for other offences. The prosecution case was that on 22/07/2009, the complainant Shankarrao Salpe and his son Shashikant (deceased) had a verbal altercation with the accused over a trivial issue. Later, the accused returned with a knife and stabbed Shashikant in the chest, causing his death. The trial court convicted the accused under Section 304 Part II IPC and sentenced him to 5 years rigorous imprisonment. The High Court, after hearing arguments, held that the act of the accused was done with the knowledge that it was likely to cause death but without intention to cause death, thus falling under Part II of Section 304 IPC. The court also held that Exception 4 to Section 300 IPC (sudden quarrel) was not applicable as the accused had time to premeditate. The High Court dismissed the accused's appeal and partly allowed the State's appeals by enhancing the sentence from 5 to 7 years rigorous imprisonment.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II IPC - Single blow - Knowledge of death - The accused inflicted a single blow with a knife on the deceased's chest, causing death. The court held that the act was done with the knowledge that it was likely to cause death but without intention to cause death, thus falling under Part II of Section 304 IPC. (Paras 10-15) B) Criminal Law - Exception 4 to Section 300 IPC - Sudden quarrel - Not applicable - The incident occurred after a prior altercation and the accused returned with a knife, indicating premeditation. Hence, Exception 4 was not attracted. (Paras 16-18) C) Criminal Law - Sentence - Section 304 Part II IPC - Enhancement - The trial court sentenced the accused to 5 years rigorous imprisonment. The High Court, considering the nature of the offence and the fact that the accused was the aggressor, enhanced the sentence to 7 years rigorous imprisonment. (Paras 19-22)
Issue of Consideration
Whether the conviction of the accused under Section 304 Part II of the Indian Penal Code is sustainable and whether the sentence of 5 years rigorous imprisonment requires enhancement.
Final Decision
Criminal Appeal No.304 of 2011 filed by the accused is dismissed. Criminal Appeal Nos.654 and 655 of 2011 filed by the State are partly allowed. The conviction under Section 304 Part II IPC is upheld, but the sentence is enhanced from 5 years to 7 years rigorous imprisonment.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Single blow
- Knowledge of death
- Exception 4 to Section 300 IPC
- Sentence enhancement
