Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code Conviction under Section 302 1860 |
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 | Penal Code, 1860 – s.302 – Conviction under – If justified – Deceased died during treatment after being hit by appellant-accused (deceased’s husband), when an altercation took place between them in connection with preparation of food – Appellant convicted by trial court u/s.302 – Conviction upheld by High Court – Held: It is the case of prosecution itself that the incident took place in the spur of moment – Delay in preparing lunch by the deceased was the reason of the sudden altercation when the appellant picked up a wooden object and hit the deceased – It is also an admitted case of prosecution that only one single blow was inflicted – Medical evidence shows that not much force was used in inflicting the blow to the deceased – Prosecution did not set up any case suggesting that relationship between the deceased and the appellant was not cordial – Thus, it was an offence which would be covered by s.304 Part-II and not s.302 – While maintaining the culpability of the appellant, his conviction altered to s.304 Part-II instead of s.302 – Appellant has already served 9 years and 3 months of imprisonment approximately – In the facts of the case, sentence of appellant reduced to the period already undergone and he be released forthwith, if not wanted in any other case.Penal Code, 1860 – ss.302, 304 – Parameters to be taken into consideration while deciding the question as to whether a case falls u/s.302 or u/s.304 – Discussed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 20 |
Petitioner | Lavghanbhai Devjibhai Vasava |
Respondent | The State Of Gujarat |
SCR | [2018] 1 S.C.R. 674 |
Judgement Date | 2018-01-10 |
Case Number | 253 |
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