Case Note & Summary
The appellant, Deepak Nivrutti Rede, was convicted by the Additional Sessions Judge, Nanded, for the offence punishable under Section 304 Part II of the Indian Penal Code (IPC) and sentenced to seven years rigorous imprisonment. The incident occurred on the night of 2nd December 2012, when the appellant found his wife Usha alone with a neighbor, Mahendra Edke, in their house. Suspecting an immoral relationship, the appellant became enraged and assaulted both his wife and Mahendra. Mahendra managed to escape, but the appellant continued to beat his wife with a low wooden table (called 'Pat') and a stone, causing severe injuries. The appellant then slept in the house and discovered his wife dead the next morning. He reported the incident to the police on 3rd December 2012. The police visited the house, found the dead body, and seized the weapons. The trial court convicted the appellant under Section 304 Part II IPC, holding that the act was done with the knowledge that it was likely to cause death but without intention to cause death, and that the provocation was grave and sudden, bringing the case under Exception 4 to Section 300 IPC. The appellant appealed against the conviction and sentence. The High Court of Bombay at Aurangabad upheld the conviction, finding that the evidence clearly established the appellant's guilt. The court noted that the appellant had no intention to cause death but had knowledge that his actions were likely to cause death. The court also considered that the appellant had surrendered to the police and had no criminal antecedents. The appeal was dismissed, and the sentence was confirmed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II, Indian Penal Code, 1860 - Conviction under Section 304 Part II upheld where husband beat his wife to death with a wooden table and stone after finding her in a compromising position with another man - The court held that the act was done with the knowledge that it was likely to cause death but without intention to cause death, and the provocation was grave and sudden, bringing the case under Exception 4 to Section 300 IPC, reducing the offence from murder to culpable homicide not amounting to murder (Paras 1-10).
Issue of Consideration
Whether the appellant's act of causing the death of his wife amounts to murder under Section 300 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC, and whether the benefit of Exception 4 to Section 300 IPC is available.
Final Decision
Appeal dismissed. Conviction under Section 304 Part II IPC and sentence of seven years rigorous imprisonment and fine of Rs. 1,000/- with default sentence of six months RI confirmed.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Exception 4 to Section 300 IPC
- Sudden and grave provocation
- Knowledge of causing death
- Intent to cause bodily injury likely to cause death
