Case Note & Summary
The present criminal appeal was filed by the appellant-accused, Chetanbhai Ravjibhai Chauhan, under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 22.01.2016 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No.7 of 2015. The appellant had been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for life and a fine of Rs. 5,000/-. The prosecution case was that on 29.09.2014, at around 7:30 AM, the appellant had a scuffle with his mother, Kantuben, over the issue of having tea and going to work. In the heat of the moment, the appellant inflicted blows with an iron mortar on her head, causing her death. The appellant was arrested and charge-sheeted under Section 302 IPC and Section 135 of the Gujarat Police Act. The trial court convicted him under Section 302 IPC. The appellant appealed, arguing that the offence did not amount to murder but fell under Exception 4 to Section 300 IPC, as the act was committed during a sudden quarrel without premeditation. The High Court analyzed the evidence and found that the incident occurred on a trivial issue, there was no premeditation, and the appellant did not take undue advantage or act in a cruel manner. The court held that the case fell under Exception 4 to Section 300 IPC, making the offence punishable under Section 304 Part I IPC. The court converted the conviction from Section 302 IPC to Section 304 Part I IPC and sentenced the appellant to the period already undergone (approximately 11 years and 6 months), directing his release unless required in any other case.
Headnote
A) Criminal Law - Murder - Culpable Homicide not amounting to murder - Exception 4 to Section 300 IPC - Sudden quarrel - The appellant-accused, in a sudden quarrel with his mother over a trivial issue of having tea, inflicted blows with an iron mortar on her head, causing her death. The court held that the act was committed without premeditation, in a sudden fight, and without the accused having taken undue advantage or acted in a cruel or unusual manner. The conviction under Section 302 IPC was converted to Section 304 Part I IPC. (Paras 1-13) B) Criminal Law - Sentencing - Section 304 Part I IPC - The court, after converting the conviction, sentenced the appellant to the period already undergone (approximately 11 years and 6 months) and directed his release unless required in any other case. (Paras 13-14)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable or whether the offence falls under a lesser culpable homicide not amounting to murder, particularly Exception 4 to Section 300 IPC.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside and converted to Section 304 Part I IPC. The appellant is sentenced to the period already undergone (approximately 11 years and 6 months). The appellant shall be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 304 Part I IPC
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Absence of premeditation
- Knowledge of death
- Intent to cause death
- Culpable homicide not amounting to murder
