Case Note & Summary
The appellant, Murlidhar @ Murlya Gangaram Pawara, was convicted by the Additional Sessions Judge, Dhule under Section 302 IPC for the murder of his father Gangaram Pawara and sentenced to life imprisonment. The incident occurred on 11.07.2014 when the appellant, in a drunken state, demanded money from his father for liquor. Upon refusal, a quarrel ensued, and the appellant picked up a sickle lying nearby and inflicted a blow on his father's cheek and left leg. The deceased succumbed to injuries the same night. The appellant appealed against the conviction. The High Court examined the evidence, including eyewitness accounts and medical reports. The court noted that the incident arose from a sudden quarrel without premeditation, the appellant was drunk, and only a single blow was inflicted on the cheek (a non-vital part) and one on the leg. The court held that there was no intention to cause death, and the act did not fall within the exceptions to murder. Consequently, the court altered the conviction from Section 302 IPC to Section 304 Part I IPC and reduced the sentence to the period already undergone (about 1 year and 3 months), ordering the appellant's release unless required in another case.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part I Indian Penal Code, 1860 - Single blow on cheek with sickle - Accused in drunken condition demanded money, deceased refused, sudden quarrel ensued - Accused inflicted one blow on cheek and one on leg - Deceased died due to shock and hemorrhage - Held that there was no intention to cause death, no premeditation, and the act was done in a sudden fight, thus offence falls under Section 304 Part I IPC (Paras 1-15). B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Absence of intention to cause death - Single blow on non-vital part - Held that the injury on cheek was not on a vital part and the accused did not repeat the blow, indicating lack of intention to cause death, hence Section 302 IPC not attracted (Paras 10-15).
Issue of Consideration
Whether the conviction under Section 302 IPC is sustainable or the offence falls under a lesser penal provision such as Section 304 Part I or Part II IPC.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part I IPC and sentenced to the period already undergone (about 1 year and 3 months). Appellant to be released unless required in another case.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part I IPC
- Single blow
- Lack of intention to cause death
- Sudden quarrel
- Drunkenness
- No premeditation
