Case Note & Summary
The Supreme Court partly allowed the appeal of Kariman against the State of Chhattisgarh, converting his conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC. The appellant and the deceased, Dasmet Bai, were living together as husband and wife. On 11 September 1999, a sudden quarrel arose, and the appellant chased the deceased, who fell down. He then picked up a stone and gave a single blow, causing a bruise and fracture of the 8th rib, which lacerated the spleen and led to death due to hypovolemic shock. The trial court convicted him under Section 302 IPC, and the High Court affirmed the conviction. The Supreme Court, on limited notice, examined whether the offence could be converted to Section 304 IPC. The court found that the act was done without intention to cause death or such bodily injury as was likely to cause death, but with knowledge that it was likely to cause death. The medical evidence did not indicate that the injury was sufficient in the ordinary course of nature to cause death. The court also noted the absence of motive and the sudden quarrel. Accordingly, the conviction was altered to Section 304 Part II IPC, and the appellant, who had already undergone about 17 years of imprisonment, was sentenced to seven years' rigorous imprisonment and ordered to be released forthwith if not required in any other case. The delay of 2461 days in filing the special leave petition was condoned due to the appellant's ignorance of legal procedure and subsequent legal aid.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part II IPC - Sudden Quarrel - Single Blow - The appellant and deceased were living as husband and wife; a sudden quarrel arose, and the appellant chased and hit the deceased with a stone causing a single bruise and rib fracture leading to spleen laceration and death. The court held that the act was done with knowledge that it was likely to cause death but without intention to cause death, thus falling under Section 304 Part II IPC (Paras 14-22). B) Criminal Procedure - Condonation of Delay - Legal Aid - The special leave petition was delayed by 2461 days; the appellant was unaware of legal procedure while in jail and later obtained legal aid from Supreme Court Legal Services Committee. The court condoned the delay (Paras 1-3). C) Evidence - Medical Opinion - Single Injury - The medical jurist did not state that the injury was sufficient in the ordinary course of nature to cause death. The court noted that the single injury and absence of intention to cause death justified conversion from murder to culpable homicide (Paras 17, 20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC can be converted to Part I or Part II of Section 304 IPC.
Final Decision
The Supreme Court partly allowed the appeal, converting the conviction from Section 302 IPC to Section 304 Part II IPC and sentencing the appellant to rigorous imprisonment for seven years. The appellant, having already served about 17 years, was ordered to be released forthwith if not required in any other case.
Law Points
- Culpable homicide not amounting to murder
- Section 304 Part II IPC
- Sudden quarrel
- Single injury
- No intention to cause death
- Knowledge of likelihood of death
- Condonation of delay
- Legal aid
