NDLI: Mohd. Rafiq @ Kallu Vs. The State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	first part of Section 304 IPC motive animus
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 Allowed
Headnote	Penal Code, 1860 – s.302 and s.304 – Prosecution case that Sub-Inspector (SI) motioned a truck, driven by the accused/ appellant, to stop – Instead of applying brakes, the accused tried to speed away, upon which SI boarded the truck from its left side – It was alleged that the appellant warned SI not to do so and that he would get killed – Nevertheless, SI boarded the truck – Appellant pushed him, as a result of which SI fell off the truck and he was run over by the rear wheels of the truck – SI died – Appellant fled with the truck – However, later he was arrested and charged with committing murder – The Trial Court convicted the appellant as charged and sentenced him to rigorous imprisonment for life – The High Court confirmed his conviction u/s.302 IPC – On appeal, held: No motive or animus against the deceased was proved – A general expression of the extreme threat, (without any real intention of carrying it, since the truck was not laden with any contraband or was not used for any illegal or suspect activity), cannot be given too much weight– It was established that SI did fall off the truck, which continued its movement, perhaps with greater rapidity – However, this does not prove that the appellant, with deliberate intent, drove over the deceased and he knew that the deceased would have fallen inside, so that the truck’s rear tyre would have gone over him – The act resulting in SI’s death was not pre-meditated – The instinctive reaction of the appellant was to resist; he disproportionately reacted, which resulted in the deceased being thrown off the vehicle – Such act of throwing off the deceased and driving on without pausing, appears to have been in the heat of passion, or rage – On facts, the appellants should be convicted for the offence punishable under the first part of s.304 IPC, as he had the intention of causing such bodily harm, to the deceased, as was likely to result in his death – The conviction recorded by the courts below, is altered to one u/s.304 Part I, IPC – The sentence too istherefore modified – Instead of rigorous imprisonment for life, the appellant is hereby sentenced to 10 years’ rigorous imprisonment.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2021 INSC 481
Petitioner	Mohd. Rafiq @ Kallu
Respondent	The State Of Madhya Pradesh
SCR	[2021] 9 S.C.R. 163
Judgement Date	2021-09-15
Case Number	856

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Mohd. Rafiq @ Kallu Vs. The State of Madhya Pradesh

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