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1998 Supreme(SC) 923
1998(7) Supreme 164
Supreme Court of India
(From Punjab & Haryana High Court)
G.T. Nanavati & S.P. Kurdukar, JJ.
State of Punjab -Appellant
versus
Gurcharan Singh -Respondent
Criminal Appeal No. 669/1991
Decided on 2-9-1998
Counsel for the Parties :
For the Appellant : Kuldip Singh and R.S. Sodhi, Advocates.
For the Respondent : R.C. Kohli, Advocate.
Important Point
Considering the facts that there was sudden quarrel without any motive and only one blow was given which caused death, it cannot be said that High Court was wrong in acquitting the accused under Section 302 IPC and convicting him only under Section 304 Part I, IPC.
Headnote:Nature of offence-Murder punishable under Section 302 IPC or culpable Homicide not amounting to murder punishable under Section 304 Part I-Incident taking place at the spur of a moment-No motive-Only one blow given in sudden quarrel-Whether in these facts can it be said that High Court was wrong in acquitting the accused under Section 302 IPC and convicting him only under Section 304 Part I IPC? (No)-Appeal dismissed. (Para 3)
Judgment
Nanavati, J.-The respondent has been convicted under Section 304 Part I IPC and sentenced to suffer rigorous imprisonment for seven years. The State has filed this appeal as he was acquitted under Section 302 IPC.
2. The High Court has recorded a finding that the incident took took place at the spur of a moment. There was no motive for committing the offence. The respondent had given only one blow in the sudden quarrel which took place between him and the deceased.
3. After taking into consideration all the circumstances, the High Court convicted him under Section 304 Part I IPC. Considering the facts and circumstances of the case, it cannot be said that the High Court was wrong in acquitting him under Section 302 IPC and convicting him only under Section 304 Part I IPC.
4. This appeal is, therefore, dismissed.
(N.K.R.) Appeal dismissed.
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