NDLI: Ramesh Laxman Pardeshi Vs. State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence indicated exchange of hot words
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Indian Penal Code, 1860-S. 312 or 304 Part I-Evidence indicated exchange of hot words-Prosecution Witnesses deliberately suppressed the exact words used-Whether inference could be drawn , that if those words were given out, it would have damaged the prosecution case-Whether the words used by the deceased and his friends caused provocation to accused-No premeditation-Injury caused at spur of moment and in heat of passion proved fatal-Whether intention to cause death can be attributed-Whether the case would fall within the purview of s. 302 or 304 Part I. The appellant alongwith others was prosecuted for causing the death of Sheroo Lala. It was alleged that during the exchange of hot words between the party of the deceased and the party of the appellant, the appellant inflicted a stab wound in the stomach of Sheroo with a Rampuri knife as a result of which he died. On trial the appellant was convicted for an offence under s. 302 of the Indian Penal Code and sentenced to imprisonment for life and on appeal his conviction and sentence was maintained. In the appeal to this Court, on behalf of the appellant it was contended; ( 1) that Maruti one of the accused persons had a contused lacerated wound on the head on the right occipital parietal region and the defence version was that when exchange started between Sheroo and Maruti, first Maruti was assaulted and then in exchange, one another accused took a knife and gave a blow to the deceased and thus plea of the accused was that this injury was inflicted on Sheroo in the exercise of right of private defence; and (2) that both the Courts below came to the conclusion that as soon as Sheroo and his party arrived near the hand-cart of Badshah, there was a hot exchange between the two sides. The witnesses examined by the prosecution have not clearly stated what words were uttered and the trial court felt that the language was obscene and probably the witnesses did not like to mention whereas the High Court felt that the witnesses were not in a position to mention the exact words. However, both the Courts did reach a conclusion that there was a hot exchange between the two groups and, therefore, in such a situation it could not be doubted that the party of the accused was provocated and on such grave and sudden provocation at the heat of the moment, the appellant who was carrying a knife took it out and inflicted only one blow and did not even attempt a second blow and the findings of the both the Courts is that this happened at the spur of the moment without pre-meditation and in the heat of the passion and, therefore, at best the appellant could be convicted for an offence under s. 304 Part II because in these circumstances no intention of causing death could be attributed to the appellant and since he has already served for more than 7 years of sentence, no useful purpose would be served by sending him to serve a short period of sentence.On behalf of the respondent-State, it was contended that there was some previous trouble between the parties which furnish some motive and this opportunity was taken to seek vengeance.
Judge	Hon'ble Mr. Justice G.L. Oza
Neutral Citation	1987 INSC 103
Petitioner	Ramesh Laxman Pardeshi
Respondent	State Of Maharashtra
SCR	[1987] 2 S.C.R. 901
Judgement Date	1987-04-10
Case Number	8

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