Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sudden quarrel Custodial sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 : S. 300, Exception 4, and s.304(part-1)-Sudden quarrel - Accused giving single axe blow on head of his opponent-Victim succumbing to injury - Held, assault undisputedly given in course of sudden quarrel, without premeditation and without accused taking any undue advantage - Conviction altered to one under s.304 (part-1) - Custodial sentence of 10 years would suffice. Appellant did his two sons were prosecuted for an offence punishable under s. 302/34 IPC. The prosecution case was that the victim along with his wife and two sons was living in a hut on the bank of river Godavari and was growing watermelong in the alluvial land which the accused claimed to be theirs. They had been objecting to the victim and his family members encroaching on the said land. On the fateful day when the victim was taking his cattle towards the well through the fields of the accused, the appellant with an axe in his hand along with his two sons having swords in their hands reached there. The two sons caught hold of the victim and the father, the appellant, inflicted an axe blow on his head. The incident was witnessed by victim's wife (PW-9) and son (PW-5) who were at some distance. Before they reached the spot the accused had run away. The other son of the victim (PW-6) who was coming towards the field saw the accused running away. PW-5 took the victim to the doctor who declared him as brought dead. The trial court convicted all the three accused under s. 302/34 IPC and sentenced each of them to imprisonment for life. The High Court, in appeal, held that the evidence of the so-called eye witnesses was exaggerated and did not depict the correct position of the factual scenario, in that the role of the two sons of the appellant was not established. The High Court accordingly acquitted the two sons, but affirmed the conviction and sentence of the accused-father. In the instant appeal filed by the convicted accused, his counsel reiterated the submissions made before the High Court that the deceased had encroached on his land and did not stop inspsite of being told repeatedly; and that the occurrence took place during a sudden quarrel without premeditation and the accused gave only a single blow. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 15 |
Petitioner | Ramkishan S/o. Madhav Shelke |
Respondent | The State Of Maharashtra |
SCR | [2007] 1 S.C.R. 217 |
Judgement Date | 2007-01-08 |
Case Number | 21 |
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