Case Note & Summary
The appellant, Gaffar Khan, was convicted by the trial court for the offence punishable under Section 304 Part II of the Indian Penal Code and sentenced to rigorous imprisonment for five years and a fine of Rs. 1000. The incident occurred on 16/10/1992 when the deceased Vasant and the appellant had a quarrel at Nerpingali bus stop, after which they proceeded towards Legaon fata in an autorickshaw driven by Vasant. Another autorickshaw followed with Imran, Rafiq, and 2-3 other persons. A quarrel ensued and the deceased was assaulted with a sharp-edged weapon. The deceased was taken to the hospital where he was declared dead. The appellant was arrested on 17/10/1992. The trial court convicted the appellant under Section 304 Part II IPC. The appellant appealed against the conviction and sentence. The High Court examined the evidence and found that the appellant had caused the death of the deceased but the act did not amount to murder, falling under culpable homicide not amounting to murder. The court upheld the conviction but considered that the appellant was young and had already undergone a long period of incarceration. The court reduced the sentence to the period already undergone, noting that the appellant had been in custody for about 10 years. The court also maintained the fine amount.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part II Indian Penal Code, 1860 - Conviction for causing death by rash and negligent act - Appellant convicted for offence under Section 304 Part II IPC for causing death of deceased during a quarrel - Court upheld conviction but reduced sentence to period already undergone considering appellant's young age and long period of incarceration - Held that sentence of five years rigorous imprisonment was excessive and modified to period already undergone (Paras 1-10).
Issue of Consideration
Whether the conviction under Section 304 Part II IPC is sustainable and whether the sentence of five years rigorous imprisonment is appropriate
Final Decision
Appeal partly allowed. Conviction under Section 304 Part II IPC upheld. Sentence reduced to period already undergone. Fine maintained.
Law Points
- Culpable homicide not amounting to murder
- Section 304 Part II IPC
- Rash and negligent act
- Sentence reduction
- Period of incarceration already undergone
