Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code ss. 302 & 304 Part II 1860 – s.300 Fourthly & Exception 4 to s.300 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s.300 Fourthly & Exception 4 to s.300; ss. 302 & 304 Part II – Appellant-accused killed his wife by setting her ablaze – Convicted u/s.302 – Issue limited as to alteration of conviction from s.302 to s.304 Part II – Held: Appellant poured the kerosene on the deceased when she was trying to run out of the house to save herself and was trying to open the latch of the door of the house, the appellant threw the match-stick on her person and set her ablaze – Nothing is on record that the appellant was in inebriated stage –Even looking to the conversation between the deceased and the appellant, as stated in the dying declaration given by the her, it can safely be said that the appellant was in very much conscious condition when the incident took place – He was very much in senses and was conscious about what he was doing –He was fully conscious of the fact that if kerosene is poured and matchstick is lit and put on the body, a person might die due to burns – Death of the deceased was culpable homicide amounting to murder and s.300 fourthly shall be applicable and not Exception 4 to s.300, as contended by the appellant – In complete agreement with the view taken by the Trial Court and the High Court convicting the appellant for the offence punishable u/s.302. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 1368 |
Petitioner | Suraj Jagannath Jadhav |
Respondent | The State Of Maharashtra |
SCR | [2019] 15 S.C.R. 84 |
Judgement Date | 2019-12-13 |
Case Number | 1885 |
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