NDLI: Mariappan Vs. State Rep. By Inspector of Police

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 Order
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	Issue for consideration: On the day of incident, heated arguments took place between the two parties. During the quarrel, accused nos.1 and 2 stabbed victim multiple times with sooriknives, while accused no.3, though armed with a spade handle, did not inflict injuries but facilitated in the attack. The appellant-accused was convicted u/s. 302 IPC. Whether the acts of the accused would come under Exception 4 to s.300 IPC or would be an act of culpable homicide amounting to murder punishable u/s. 302. Penal Code, 1860 – s. 302 and s.304 Part-I – Trial Court after examining witnesses and material evidence, convicted appellant-accused no.1 u/s. 302 IPC and acquitted accused nos. 2 and 3 from all charges levelled against them – The High Court confirmed the order of conviction u/s. 302 of the IPC – Propriety:Held: Right from the beginning i.e. the prosecution story as set up in the FIR was that initially there was a heated discussion between the parties and in a fit of anger the physical assault took place – Even the ocular testimony is also to the same effect – Although on the same evidence the Trial Court has acquitted two co-accused and convicted only the appellant – It has also come in evidence that the appellant had caused only one injury whereas other accused had caused multiple injuries – However, the Trial Court acquitted the other two accused – The previous enmity between the appellant and the deceased had been a contributory factor leading to the verbal altercation but it was not the reason for the accused to carry out a pre-planned fatal attack against the deceased – The appellant had acted “suddenly”, in the heat of passion and without a pre-planned approach to kill the deceased – Hence, it can be safely concluded from the evidence led in the present case that the appellant’s overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to s.300 IPC – The conviction u/s. 302 IPC is converted to s. 304 Part-I IPC. [Paras 11, 12 and 13]
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2023 INSC 1034
Petitioner	Mariappan
Respondent	State Rep. By Inspector Of Police
SCR	[2023] 15 S.C.R. 1074
Judgement Date	2023-11-24
Case Number	3598

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