Case Note & Summary
The appellant, Maroti Laxmanrao Sariyam, was convicted by the Additional Sessions Judge, Amravati for the murder of his wife Pramila under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 12/07/2012 when the appellant, suspecting his wife's fidelity, saw her conversing with a neighbour, Baburao Kose. Enraged, he beat her with a stick and kicks, causing bleeding injuries, including fractured ribs and lung damage. The deceased vomited, was given water, and made to lie down; she was found dead the next morning. The appellant informed the police and his brother-in-law filed a complaint. The trial court held that the injuries were intentionally caused and resulted in death, convicting him under Section 302 IPC. On appeal, the Bombay High Court examined whether the offence amounted to murder. The court noted that the appellant did not use a deadly weapon, gave water to the deceased, and made her lie down, indicating no intention to cause death. The injuries, though serious, were inflicted in a sudden fit of rage due to suspicion of infidelity. The court held that the appellant had knowledge that his act was likely to cause death but no intention to cause death, bringing the case under Section 304 Part II IPC (culpable homicide not amounting to murder). The court set aside the conviction under Section 302 IPC and convicted the appellant under Section 304 Part II IPC, sentencing him to the period already undergone (about 4 years and 4 months) and directing his release unless required in another case.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Intention to Cause Death - The court examined whether the appellant had the intention to cause death or knowledge that death was likely. The injuries, though serious, were inflicted with a stick and kicks, and the appellant gave water and made the deceased lie down, indicating no intention to kill. Held that the offence falls under Section 304 Part II IPC, not Section 302 IPC (Paras 5-8). B) Criminal Law - Culpable Homicide Not Amounting to Murder - Section 304 Part II Indian Penal Code, 1860 - Knowledge of Likely Death - The court found that the appellant had knowledge that his act of beating with a stick and kicks was likely to cause death, but no intention to cause death. The deceased died due to injuries to ribs and lungs. Held that the conviction under Section 302 IPC is set aside and converted to Section 304 Part II IPC (Paras 7-8).
Issue of Consideration
Whether the appellant's act of beating his wife with a stick and kicks, resulting in her death, constitutes murder under Section 302 IPC or a lesser offence under Section 304 Part II IPC.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside. The appellant is convicted under Section 304 Part II IPC and sentenced to the period of imprisonment already undergone (about 4 years and 4 months). The appellant is directed to be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- intention to cause death
- knowledge of likelihood of death
- culpable homicide not amounting to murder
- nature of injuries
- single blow theory
- sudden provocation
