Case Note & Summary
The appellant, Smt. Parvati Nandkishore Taksalkar, was convicted by the Additional Sessions Judge, Greater Mumbai, for the offence punishable under Section 304(II) of the Indian Penal Code and sentenced to six years rigorous imprisonment and a fine of Rs.500, with default sentence of six months. She appealed against this conviction and sentence. The case arose from an incident on 28th April 2013, when the appellant went to Powai police station and informed police officer Sushil Kumar Bhosale (PW1) that she had assaulted her husband Nandkishor with a tile and iron hammer during a quarrel caused by his intoxication. The police found Nandkishor with bleeding injuries; he was declared dead on admission to Mangal Hospital. Initially registered as an accidental death, it was later treated as homicidal and Crime No.242/2013 was registered under Section 302 IPC. The appellant was married to Ishwar Khandare earlier and had a son Satish from that marriage; she was living with Nandkishor as his wife. The prosecution case was that there were intermittent quarrels between the couple. The trial court convicted her under Section 304 Part II IPC, not Section 302. The High Court examined the evidence and found that the death was caused by the appellant's assault, but the act occurred during a sudden quarrel without premeditation, falling under Exception 4 to Section 300 IPC. The court upheld the conviction under Section 304 Part II IPC but reduced the sentence to the period already undergone (about 5 years 8 months), considering the appellant's gender, her young son, and the fact that she had already served a substantial part of the sentence. The appeal was partly allowed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Exception 4 to Section 300 IPC - Sudden quarrel - The appellant assaulted her husband with a tile and iron hammer during a sudden quarrel arising from his intoxication. The court held that the act was done without premeditation and in the heat of passion, thus falling under Exception 4 to Section 300 IPC, making it punishable under Section 304 Part II IPC. (Paras 1-19) B) Sentencing - Section 304 Part II IPC - Sentence of six years rigorous imprisonment - The trial court sentenced the appellant to six years RI and fine of Rs.500. The High Court upheld the conviction but reduced the sentence to the period already undergone (about 5 years 8 months) considering the appellant's gender, young son, and the fact that she had already served substantial sentence. (Paras 18-19)
Issue of Consideration
Whether the appellant's act of causing death of her husband falls under murder (Section 302 IPC) or culpable homicide not amounting to murder (Section 304 Part II IPC) given the sudden quarrel and lack of premeditation.
Final Decision
Appeal partly allowed. Conviction under Section 304(II) IPC upheld. Sentence reduced to the period already undergone (about 5 years 8 months). Appellant to be released forthwith unless required in any other case.
Law Points
- Culpable Homicide not amounting to murder
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Knowledge without intention
- Section 304 Part II IPC
- Sentence reduction
