Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration:Whether in the circumstances of the instant case, the appellanthad any premeditated mind to kill the deceased or was it dueto grave and sudden provocation which would not amount tomurder or would at best be a case of culpable homicide notamounting to murder punishable with imprisonment for a termwhich may extend up to 10 years or with fine or with both u/s.304 Part-II of IPC.Penal Code, 1860 – s. 302 and s. 304 Part-II – Prosecutioncase that the appellant, with the intention to kill his wife,lighted a matchstick and threw it upon her when she hadalready poured kerosene upon herself due to the quarrelwith the appellant – Wife died – Appellant was convicted u/ss. 302 and 498-A IPC by both the courts below – Appellantcontended that provisions of s.302 IPC are not applicableand at best he can be charged u/s. 304 Part-II of IPC –Propriety:Held: The first dying declaration is in the form of the statementExt.P1 and the other statement which can be read as a dyingdeclaration is Ext.P10 – Both the statements, if read together,would reveal that on the fateful day, the appellant had assaultedthe deceased wife under the influence of alcohol – He evenstruck a blow on her chest and pushed her – When the assaultof the appellant became unbearable, she took the cane ofkerosene from kitchen and poured it on her body whereupon herhusband lighted a matchstick and burnt her – Magistrate-PW5,before whom one of the dying declarations was recorded, provesthe correctness of the statement – Appellant was in habit ofdrinking alcohol and used to assault her frequently in inebriatedcondition – Victim also stated that various criminal cases arepending against the appellant in connection with similar kind ofassaults – The above aspect, as stated by the deceased, wascorroborated by the testimony of PW21 (Investigating Officer)– On the day of incident, during their quarrel, a neighbour-PW1had visited their house and the deceased wife had shown someinjuries received by her during the assault – However, realizingthe quarrel between the two, he left saying that he wouldcome later on – It was thereafter that the incident of pouringkerosene and burning took place – So, there was sufficienttime in between the two acts and it cannot be said that therewas a sudden quarrel and provocation leading to burning –In the instant case, the appellant upon seeing the deceaseddrenched in kerosene clearly took advantage of the situationand lighted a matchstick and threw it upon her so that she canbe burnt – The appellant having taken “undue advantage” ofthe situation cannot be extended the benefit of Exception 4 tos.300 IPC so as to bring the case within the ambit of Part-II ofs.304 IPC. [Paras 11, 12, 13, 14, 15, 20 and 21] |
Judge | Hon'ble Mr. Justice Pankaj Mithal |
Neutral Citation | 2023 INSC 965 |
Petitioner | Anil Kumar |
Respondent | The State Of Kerala |
SCR | [2023] 14 S.C.R. 173 |
Judgement Date | 2023-11-01 |
Case Number | 2697 |
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