STATE OF M.P. (NOW CHHATTISGARH)
CRIMINAL APPEAL NO.1730 OF 2015, Decided on February 09, 2021
JUDGES– HEMANT GUPTA & S. RAVINDRA BHAT, JJ.
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.
Whether the High Court erred in convicting the accused under Section 302 IPC?
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.