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Versus
STATE OF M.P. (NOW CHHATTISGARH)
CRIMINAL APPEAL NO.1730
OF 2015, Decided on February 09, 2021
JUDGES– HEMANT GUPTA & S. RAVINDRA BHAT, JJ.
FACTS
The accused filed an
appeal challenging the order of conviction passed by the High Court. The son of
the deceased lodged the FIR against the accused in the present case under
sections 302 IPC. The accused in the present case was found guilty for causing
the death of his uncle(deceased)with regard to dispute between them was on the
construction of the wall on their agricultural land. On 30.05.2002 when the
deceased was going to deliver the
fertilizer, the accused quarrelled with the deceased on
the issue of construction of the wall then in sudden heat of passion, the accused assault the deceased with a
spade and hit him on his head with the stone and as a result, deceased
died.
ISSUE
Whether the High Court
erred in convicting the accused under Section 302 IPC?
HELD
The Supreme Court partly
allowing the appeal held that since the accused without premeditation caused
injuries to the deceased arising due to sudden quarrel in the sudden heat of
passion.. Therefore, the Court found that the case was falling under Exception
4 of Section 300 IPC and as the offender has not taken any advantage, acted
cruelly or unusually he is liable to be convicted for an offence under Section
304 Part I IPC. The Court releasing the accused observed that since the accused
has served in jail for more than 18 years, the accused has sentenced with the
sentence he had already undergone, thus he is to be released.