NDLI: Awadhesh Kumar Vs. State of U.p. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	conversion of conviction from s.302 to s.304 Part I IPC
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.304 Part I – Appeal by complainant challenging the impugned order whereby High Court partly allowed the appeal of original accused no.1-respondent no.2 and converted his conviction from s.302 to s.304 Part I – Prosecution case was that on the fateful day, complainant’s mother made grievance to respondent no.2 regarding the bad behaviour of his nephew-accused no.2 – At that time, accused no.3 and 4 were also present there – All the accused persons started fighting with her – When the accused were asked to go away from there, accused no.2 to 4 exhorted respondent no.2 to fire at her – Respondent no.2 fired with his country made pistol which resulted in her death – Trial Court convicted respondent no.2 u/s.302 as the specific role of firing was attributed to him while other 3 accused were acquitted – High Court partly allowed the appeal of respondent no.2 holding that the case fell under Exception 4 to s.300 and converted conviction to s.304 Part I on the grounds that it was not a planned crime; that there was no prior intention; and that it took place in the heat of passion and in the spur of the moment – Aggrieved complainant filed instant appeal – Held: None of the persons from the complainant side, including the deceased, was having any weapon – There was no further grave and sudden provocation by the deceased which led to the accused to fire on her and, that too, from a very close range – By the accused firing from a close range, the accused was supposed to know that it was so imminently dangerous that it must, in all probability, cause death or such bodily injury as was likely to cause death – In the facts and circumstances of the case, High Court materially erred in applying Exception 4 to s.300 – The judgment passed by trial court convicting respondent No. 2 u/s.302 is restored.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 1229
Petitioner	Awadhesh Kumar
Respondent	State Of U.p. & Anr.
SCR	[2019] 17 S.C.R. 185
Judgement Date	2019-11-08
Case Number	1670

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