Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: Culpable homicide not amounting to murder – Prosecution case was that an altercation took place between the victim-deceased and the respondent-accused at the place of marriage ceremony – Due to intervention of villagers, matter did not proceed further – After few hours around 12:00 in night, when victim-deceased was near his house, accused attacked him by giving blows on his head with the “Danda/Phakadiyat”, a rough piece of wood – Deceased ran towards his house for safety – Accused ran after him with “Phakadiyat” in his hand and gave several blows which resulted in fracture of his head and multiple injuries – Complainant-wife and mother of the deceased tried to rescue the deceased but failed – Due to grievous injuries, deceased fell unconscious – He was taken to hospital where he died after few days – Trial court held accused guilty under s.302 IPC – High Court although believed the evidence of all the eye witnesses, however, held that culpable homicide did not amount to murder; rather it was a sudden fight which ensued in the heat of passion between the two and the case fell under the fourth exception to s.300 IPC and consequently converted the sentence from life imprisonment to ten years rigorous imprisonment – Aggrieved State filed instant appeal – Held: The second incident cannot be said to be a result of sudden fight in the heat of passion upon a sudden quarrel – Accused chased the deceased in the mid night and even after the deceased reached his house, he was beaten by the accused in front of his house which was witnessed by his wife – From the multiple injuries sustained by the deceased, it can be seen that the accused used the “Phakadiyat” with such a force that it resulted in skull fracture at the frontal wound on the left side; stitched wounds with 34 stitches with left side of the skull extended from mid of the left side of the skull along with coronal sutures of 16 cm; brain lacerated and clots present in the frontoparietal and lacerated brain wound extended up to the frontoparietal and temporal – The case would certainly fall under Clauses thirdly and/or fourthly to s.300 IPC – Respondent-accused is guilty for the offence under s.302 IPC and sentenced to undergo life imprisonment. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 153 |
Petitioner | The State Of Uttarakhand |
Respondent | Sachendra Singh Rawat |
SCR | [2022] 1 S.C.R. 529 |
Judgement Date | 2022-02-03 |
Case Number | 143 |
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