Case Note & Summary
The appellant, Mohammed Karim Badruduja Shaikh, was convicted by the 4th Ad-Hoc Additional Sessions Judge, Dindoshi, Mumbai, for the murder of Samindar Vishwakarma under Section 302 IPC and sentenced to life imprisonment with a fine of Rs.10,000. The incident occurred on 29th April 2008 at about 11:15 am when a quarrel broke out between the appellant's son Romin (aged 4) and the deceased's daughter Saraswati (aged 11) while playing. Romin assaulted Saraswati with footwear, leading Saraswati to complain to the appellant. The appellant threatened her with a knife. The deceased then went to confront the appellant, who stabbed him in the chest with a knife, causing his death. The deceased was taken to a hospital where he was declared dead. The appellant was arrested after surrendering at the police station. The trial court convicted him, and he appealed. The High Court examined the evidence, including the testimony of PW-1 Rita (wife of deceased) and PW-2 Saraswati (daughter), and medical evidence showing a stab wound on the chest. The court considered whether the offence fell under Section 302 IPC or a lesser offence under Section 304 IPC, particularly Exception 4 to Section 300 IPC (sudden quarrel without premeditation). The court held that the appellant's act of arming himself with a knife and using it on a vital part indicated intention to cause death, and the quarrel was not sudden as the appellant had already threatened the child. The conviction under Section 302 IPC was upheld, and the appeal was dismissed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Single Blow - Intention to Cause Death - The appellant inflicted a single knife blow on the chest of the deceased during a quarrel arising from children's fight. The court held that the nature of the injury, being on a vital part and causing death, coupled with the appellant's conduct of threatening the child with a knife earlier, indicated intention to cause death. The conviction under Section 302 IPC was upheld. (Paras 1-10) B) Criminal Law - Culpable Homicide - Exception 4 to Section 300 IPC - Sudden Quarrel - The court considered Exception 4 which reduces murder to culpable homicide if the act is done without premeditation in a sudden fight. However, the court found that the appellant had armed himself with a knife and used it on a vital part, showing that he intended to cause death, thus Exception 4 was not applicable. (Paras 11-15) C) Evidence Act - Dying Declaration - Admissibility - The deceased did not make any dying declaration. The case rested on eyewitness testimony of PW-1 and PW-2, which was found credible and corroborated by medical evidence. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of IPC for murder is sustainable or whether the offence falls under a lesser offence such as culpable homicide not amounting to murder under Section 304 IPC, particularly in light of the single knife blow inflicted during a sudden quarrel.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 302 IPC are upheld.
Law Points
- Murder
- Culpable Homicide
- Section 302 IPC
- Section 304 IPC
- Single Blow
- Intention to Cause Death
- Knowledge of Likely Death
- Exception 4 to Section 300 IPC
- Sudden Quarrel
- Premeditation
- Medical Evidence
- Dying Declaration
- Circumstantial Evidence
