Case Note & Summary
The appellant, Ulhas Kauthankar, was convicted by the Additional Sessions Judge for the offence of murder under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The incident involved a single blow inflicted with a knife on the deceased during a sudden quarrel. The appellant appealed to the High Court of Bombay at Goa, arguing that the conviction should be altered to one under Section 304 Part II IPC as there was no intention to commit murder. The State opposed the appeal, submitting that the conviction was correct. The High Court examined the material on record and found that the incident occurred during a sudden fight without premeditation, and the appellant had no intention to cause death. The court relied on Division Bench judgments in Subhash Samal Vs. State of Goa and Suresh Behra Vs. State, which held that a single blow in a sudden quarrel without intention to kill falls under Exception 4 to Section 300 IPC, making it culpable homicide not amounting to murder. Consequently, the court altered the conviction from Section 302 IPC to Section 304 Part II IPC. Considering that the appellant had already undergone about 2 years and 6 months of imprisonment, the court sentenced him to the period already undergone and directed his release unless required in another case.
Headnote
A) Criminal Law - Culpable Homicide - Murder - Section 302, 304 Part II, 300 Exception 4 Indian Penal Code, 1860 - Single Blow - Sudden Fight - The appellant inflicted a single blow with a knife on the deceased during a sudden quarrel without premeditation. The court held that the absence of intention to cause death and the presence of a sudden fight brought the case within Exception 4 to Section 300 IPC, reducing the offence to culpable homicide not amounting to murder under Section 304 Part II IPC. (Paras 2-5) B) Criminal Law - Sentencing - Section 304 Part II Indian Penal Code, 1860 - The court, after altering the conviction, sentenced the appellant to the period already undergone (approximately 2 years and 6 months) and directed his release unless required in another case. (Para 5)
Issue of Consideration
Whether the conviction under Section 302 IPC for murder was sustainable or whether the offence fell under Section 304 Part II IPC (culpable homicide not amounting to murder) given the absence of intention to cause death.
Final Decision
The High Court allowed the appeal in part, altered the conviction from Section 302 IPC to Section 304 Part II IPC, and sentenced the appellant to the period already undergone (about 2 years and 6 months). The appellant was directed to be released unless required in another case.
Law Points
- Culpable homicide not amounting to murder
- Section 302 IPC
- Section 304 Part II IPC
- intention to cause death
- knowledge of likely death
- single blow
- sudden fight
- exception 4 to Section 300 IPC
