2007 Supreme(SC) 1416

2007(7) Supreme 547
Supreme Court of india
A.K. Mathur & Markandey Katju, JJ.
Muthu — Appellant
versus
State by Inspector of Police, Tamil Nadu — Respondent
Appeal (crl.) 1511 of 2007
Decided on : 02-11-2007

Headnote:Indian Penal Code, 1860 – Section 302 – Death by stabbing – Grave and sudden provocation - Prosecution of appellant accused for causing death of deceased by stabbing him with knife when deceased threw waste paper inside his shop – Conviction by Trial Court – On Appeal, High Court affirmed conviction recorded by Trial Court – Appeal there against - Accused was deprived of power of self-control by grave and sudden provocation which led him to commit offence - If rubbish is thrown into one’s house or shop, one would naturally get very upset – Evidence to show that accused had no motive or intention to cause death of deceased since accused was not carrying knife from before, and only picked it up during scuffle with deceased - The position might have been different if right from beginning appellant accused had been carrying a knife with intention to attack deceased - But that was not the case - Throwing waste and rubbish inside house or shop of somebody was certainly a grave and sudden provocation - Incident in question occurred in a sudden fight and a heat of passion by a sudden quarrel without appellant having taken undue advantage or acted in a cruel or unusual manner - Hence appellant held entitled to benefit of Exceptions I and 4 and case came under Section 304 IPC – Since Act committed was done with knowledge it was likely to cause death but without any intention to cause death or cause such bodily injury as was likely to cause death - Hence the offence came under Part II of Section 304 IPC – Impugned judgment of courts below modified accordingly. (Paras 6, 8, 13, 14, 16, 17)

       2000 (10) SCC 307, 2000 (3) SCC 557, relied upon.

       Indian Penal Code, 1860 – Section 302 – Distinction between Section 302 and 304 - Whether there was an intention to cause death is to be gathered from several circumstances - Whether the weapon was carried by accused or was picked up from spot - If weapon was carried by accused right from beginning that may be a circumstance to indicate that there was an intention to cause death if it was used for attacking deceased on a vital part of the body - However, when weapon was not initially in hand of accused, but was picked up from spot during altercation, then it cannot be said that it is a case under Section 302 IPC, rather it is only a case of culpable homicide not amounting to murder which comes under Section 304 IPC. (Para 9)

       2006 (11) SCC 444 relied upon.

       Facts of the case:-

       1.Appellant accused herein in the instant case was prosecuted for causing death of deceased by stabbing him with knife when deceased threw waste paper inside his shop. Trial Court convicted appellant for said offence u\s 302 IPC. On Appeal, High Court affirmed conviction recorded by Trial Court.

       2.Present appeal has been preferred against said orders of courts below.

       Findings of the Court:

       The Court held that accused was deprived of power of self-control by grave and sudden provocation which led him to commit offence. If rubbish is thrown into one’s house or shop, one would naturally get very upset. Evidence to show that accused had no motive or intention to cause death of deceased since accused was not carrying knife from before, and only picked it up during scuffle with deceased. The position might have been different if right from beginning appellant accused had been carrying a knife with intention to attack deceased. But that was not the case. Throwing waste and rubbish inside house or shop of somebody was certainly a grave and sudden provocation. Incident in question occurred in a sudden fight and a heat of passion by a sudden quarrel without appellant having taken undue advantage or acted in a cruel or unusual manner. Hence appellant held entitled to benefit of Exceptions I and 4 and case came under Section 304 IPC. Since Act committed was done with knowledge it was likely to cause death but without any intention to cause death or cause such bodily injury as was likely to cause death. Hence the offence came under Part II of Section 304 IPC. Impugned judgment of courts below was modified accordingly.

       Result: Appeal disposed of.