Case Note & Summary
The appellant, Rushi Domaji Uike, was convicted by the 3rd Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.13/2003 for the offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The appellant appealed against this conviction. The prosecution case was that on 15.10.2002 (Dashera day), the appellant was quarreling with Murlidhar Ikhate (PW4). The deceased Rajaram, brother of the first informant Sitaram (PW1), intervened in the quarrel. The appellant, holding two knives, said "Who are you to intervene in the matter" and gave knife blows on the person of Rajaram, causing serious injuries. Rajaram collapsed and died immediately. The post mortem report (Exh.34) revealed the cause of death as hemorrhage and shock due to stab injury to the heart. The appellant was arrested on the same day. The trial court convicted the appellant under Section 302 IPC. In appeal, the High Court examined the evidence and found that the incident occurred during a sudden quarrel without premeditation. The appellant gave a single knife blow to the deceased who intervened. The court held that the case falls under Exception 4 to Section 300 IPC, as the act was done without premeditation in a sudden fight in the heat of passion. Therefore, the offence is culpable homicide not amounting to murder, punishable under Section 304 Part II IPC. The court altered the conviction from Section 302 to Section 304-II IPC, but maintained the sentence of 6 years rigorous imprisonment and fine of Rs.2000, as the trial court had already imposed that sentence under Section 304-II (the trial court had actually convicted under Section 302 but the High Court noted the sentence was under Section 304-II). The appeal was partly allowed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part II, Indian Penal Code, 1860 - Conviction under Section 302 IPC altered to Section 304-II - The appellant, during a sudden quarrel, gave a single knife blow to the deceased who intervened, resulting in death due to hemorrhage and shock from stab injury to the heart - The court held that there was no premeditation or intention to cause death, and the act was done in the heat of passion upon sudden quarrel, thus falling under Exception 4 to Section 300 IPC, punishable under Section 304 Part II - The sentence of 6 years rigorous imprisonment and fine of Rs.2000 was maintained (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable or whether the offence falls under Section 304 Part II IPC (culpable homicide not amounting to murder) given the circumstances of sudden quarrel and single knife blow.
Final Decision
The appeal is partly allowed. The conviction of the appellant under Section 302 IPC is altered to one under Section 304 Part II IPC. The sentence of rigorous imprisonment for 6 years and fine of Rs.2000 (with default simple imprisonment for six months) imposed by the trial court is maintained.
Law Points
- Culpable homicide not amounting to murder
- Section 304-II IPC
- absence of premeditation
- sudden quarrel
- knowledge of likely death
- single blow
- no intention to cause death
