Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Culpable Homicide not amounting to murder-Quarrel between husband and wife |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860; Exception 4 to Section 300, Sections 302 and 304 Part-I:Culpable Homicide not amounting to murder-Quarrel between husband and wife-Husband attacking wife with a log of wood in presence of their children-Wife succumbed to injuries in a Hospital - F.I.R. - Investigation - Charge sheet - Trial Court found accused husband guilty of committing offence punishable u/s. 302 IPC and sentenced him accordingly - Affirmed by High Court - On appeal, Held: To bring a case within Exception 4 to Section 300 IPC all ingredients mentioned therein must be found - It is not sufficient to show that there was a sudden quarrel and there was no premeditation - Besides, it must also be shown that the offender has not taken undue advantage and acted in cruel/unusual manner - In the facts and circumstances oft he case, Exception 4 to Section 300 IPC attracted - Hence the conviction altered from Section 302 to Section 304 Part-I IPC - Custodial sentence altered to ten years.Words and Phrases:'sudden fight' and 'undue advantage' - Meaning of in the context of Exception 4 to Section 300 IPC.On the fateful day, appellant-husband and deceased-wife quarreled in the presence of their children, PW4 and PW 5. The appellant attacked the deceased with a wooden log on her head, as a result she sustained bleeding injuries. PW 4 went running to call his maternal aunt, P.W.1. On seeing P.W.1, the appellant fled from the house. The deceased was shifted to the hospital, where she succumbed to her injuries. P.W.1 lodged a complaint in the Police Station. Police registered a case against the accused for committing the offence punishable u/s. 302 IPC. After completion of the investigation, charge-sheet was filed by the Police against the accused-appellant. The trial Court found the accused guilty of committing the offence punishable u/s. 302 IPC and sentenced him accordingly. The appeal filed thereagainst was dismissed by the High Court. Hence the present appeal. Accused-appellant contended that as per prosecution version, the assault was made in the course of sudden quarrel and by a piece of wood blow was given and, therefore, s. 302 IPC has no application, and Exception 4 to s. 300 IPC applies. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1052 |
Petitioner | Gopal |
Respondent | State Of Maharashtra |
SCR | [2007] 11 S.C.R. 173 |
Judgement Date | 2007-10-12 |
Case Number | 1428 |
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