Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Imprisonment with fine Assault resulting in death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.302 – Assault resulting in death – Prosecution case was that the appellant caused six injuries to deceased by attacking him with a knife on the fateful night in the presence of their friends who had gathered at the house of accused no.2 for celebrating a drink party arranged at the behest of the deceased – Deceased succumbed to the injuries caused by the appellant – Conviction by trial court under s.304 Part II – High Court convicted appellant-accused under s.302 – On appeal, held: Evidence on record proved sudden physical fight between the appellant and the deceased, in which the appellant, in heat of passion, gave six knife blows to the deceased on different parts of his body – There was no pre-mediation and the act done by the appellant was in the heat of passion without the appellant taking any undue advantage or acted in a cruel manner – The number of wounds caused by the appellant by itself cannot be a decisive factor – High Court committed manifest error in being influenced by the said fact – The fact that the appellant used weapon such as knife, is also not a decisive factor to attract s.302 – It is a case of culpable homicide not amounting to murder – Neither the use of a knife in the commission of offence nor the factum of multiple injuries given by the appellant would deny the appellant of the benefit of Exception 4 of s.300 – As regards sentence, the trial court awarded the sentence of rigorous imprisonment for five years only for offence under s.304 Part-II and fine of Rs.10,000/- and in default, to undergo rigorous imprisonment for a further period of one year – Nature of offence and the trivial reason for which the appellant got enraged and assaulted the deceased, that too by a knife and also gave multiple blows, does not warrant a light punishment – In the fact situation and ends of justice, the sentence period should not be less than 10 years imprisonment with fine. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 37 |
Petitioner | Atul Thakur |
Respondent | State Of Himachal Pradesh Etc. Etc. |
SCR | [2018] 1 S.C.R. 245 |
Judgement Date | 2018-01-19 |
Case Number | 522 |
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