Case Note & Summary
The appellant, Bhausaheb Sahadu Jakhere, was convicted by the Extra Joint Adhoc Additional Sessions Judge, Nashik, for the murder of his father under Section 302 IPC and for causing hurt to his mother under Section 324 IPC. The incident occurred on 2nd October 2007, when the appellant, after a quarrel over agricultural land, assaulted his father with a sickle, resulting in his death, and also assaulted his mother. The trial court sentenced him to life imprisonment under Section 302 and one year RI under Section 324. The appellant appealed against the conviction. The High Court examined the evidence, noting that the appellant was the son of the victim and that the incident arose from a sudden dispute over land. The court found that there was no premeditation and that the fight occurred suddenly in the heat of passion. The appellant did not take undue advantage or act in a cruel manner. Therefore, the court held that the case fell under Exception 4 to Section 300 IPC, reducing the offence from murder to culpable homicide not amounting to murder under Section 304 Part I IPC. The court set aside the conviction under Section 302 and instead convicted the appellant under Section 304 Part I, sentencing him to the period already undergone (about 7 years). The conviction under Section 324 IPC was upheld, but the sentence was reduced to the period already undergone. The appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Exception 4 to Section 300 IPC - Sudden Fight - The appellant, son of the deceased, assaulted his father with a sickle during a sudden quarrel over land dispute without premeditation. The court held that the incident occurred in the heat of passion upon a sudden quarrel, and the appellant did not take undue advantage or act in a cruel manner. Hence, the offence falls under Exception 4 to Section 300 IPC, reducing it to culpable homicide not amounting to murder under Section 304 Part I IPC. (Paras 7-10) B) Criminal Law - Sentencing - Section 304 Part I IPC - The court, after altering the conviction from Section 302 to Section 304 Part I IPC, sentenced the appellant to the period already undergone (about 7 years) considering the peculiar family circumstances and the fact that the appellant had been in custody since the date of incident. (Para 11) C) Criminal Law - Hurt - Section 324 IPC - The appellant also assaulted his mother with a sickle, causing simple injuries. The conviction under Section 324 IPC was upheld as the evidence clearly established the assault. (Para 12)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder of his father is sustainable in law, and whether the case falls under any exception to Section 300 IPC.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside and instead the appellant is convicted under Section 304 Part I IPC and sentenced to the period already undergone. The conviction under Section 324 IPC is upheld but the sentence is reduced to the period already undergone. The appellant is directed to be released forthwith unless required in any other case.
Law Points
- Exception 4 to Section 300 IPC
- Sudden fight without premeditation
- Lack of common intention
- Section 304 Part I IPC
- Section 324 IPC
- Section 326 IPC
- Appreciation of evidence in criminal appeal
- Benefit of doubt
