Point of Law: For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight, in the heat of passion, upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner’

JUDGMENT :

Shrikant D. Kulkarni, J.

1. This appeal is directed against the impugned judgment and order of conviction dated 17.5.2014 passed in Sessions Case No.397/2009 by the Additional Sessions Judge at Aurangabad, the appellant/original accused no.1 has preferred this appeal by taking aid of Section 374 of the Code of Criminal Procedure.

2. The facts of the prosecution case in narrow compass are as under:

(i) Mr Ashok Vishwanath Giri (first informant) was serving as a Regional Transport Officer at Aurangabad since June 2007. He was incharge of R.T.O. offices at Ambajogai, Osmanabad, Jalna, Beed and Aurangabad. R.T.O. office at Latur was established in the year 2008 and as such, Ambajogai R.T.O. office was attached to R.T.O. Latur.

(ii) Father of appellant (Rameshwar Babanrao Tayade) was serving as a Junior Clerk in the R.T.O. office at Ambajogai in the year 2008. The office of Accountant General, Mumbai conducted audit of R.T.O. office, Ambajogai and during audit, it was revealed that Mr Rameshwar Babanrao Tayade, Junior Clerk (father of appellant) has misappropriated government money of Rs.12,35,512/-. Mr Vinod Chavan working in the R.T.O. Office, Ambajogai lodged complaint against father of the appellant for misappropriation of government money. The Transport Commissioner, Mumbai was appraised about misappropriation of government money by the Junior Clerk Rameshwar Tayade. Mr Ashok Giri along with his Assistant Transport Officers went to Ambajogai and after verifying such fact, instructed to Mr Machale to lodge F.I.R. against Rameshwar Tayade (father of appellant) with Police Station, Ambajogai. Accordingly, Mr Machale lodged F.I.R. on 6.5.2008 against father of appellant and on that basis Crime No.189/2008 came to be registered against father of the appellant/accused no.1 for the offences punishable under Sections 420, 409, 468 and 471 of the Indian Penal Code. As such, Rameshwar Tayade, Junior Clerk came to be suspended on 4.9.2008 with direction that he shall report his attendance at R.T.O. office, Latur.

(iii) Rameshwar Tayade and sometimes his son Sachin Tayade/appellant/accused no.1 used to visit R.T.O. office, Aurangabad for making enquiry as to when his suspension order would be revoked. The appellant came to R.T.O. office at Aurangabad on 19.5.2009 and asked to the first informant/Ashok Giri as to when his father's suspension would be revoked. His father is under suspension for more than eight months. The first informant informed to the appellant that the Transport Commissioner has suspended his father and nothing is in his hands to revoke the suspension. The first informant also asked to the appellant to file an application with R.T.O. office, Latur for revocation of suspension of his father. The appellant may even meet Transport Commissioner. After having such interaction, the appellant left the office by saying that he will have to do something.

(iv) The first informant had called meeting of his Officers in his chamber on 30.5.2009 at 12.00 noon. The Assistant Transport Officers namely Sudhir Dinkarrao Jaybhay, Vinod Vaijinath Chavan and Sudam Deoram Suryawanshi were present. As well as R.T.O. Anil Yashwantrao Baste was also present. The appellant rushed to the chamber of first informant about 12.15 noon and asked him as to how long his father would remain under suspension. The first informant replied him that it is beyond his authority and thereafter appellant went outside. Meantime, Shri Kondawar, Accounts Officer participated in the meeting and sat in the chamber beside the first informant.

(v) The appellant again entered in the cabin of first informant on the same day at about 12.30 noon and asked him to do something to revoke suspension of his father. There was interaction between the first informant and the appellant as to how suspension of his father can be revoked even by depositing the amount of misappropriation. Mr Pathak, R.T.O. intervened and told that appellant may go to Latur on Tuesday in respect of rev