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A. S. GADKARI, MILIND N. JADHAV
Imranali Babuali Sayyed – Appellant
Versus
State of Maharashtra Through Ayeshanagar Police Station – Respondent
JUDGMENT :
A. S. GADKARI, J.
1. The conviction and sentence under Section 302 of the Indian Penal Code (for short “the IPC”) imposed upon Appellant by the learned Additional Sessions Judge, Malegaon, District Nashik, in Sessions Case No.111 of 2014, by its impugned Judgment and Order dated 10th January, 2017 for commission of murder of Smt. Nasrinbano, wife of Appellant, is questioned by the present Appeal.
2. Heard Mrs. Ansari, learned Advocate for Appellant and Mr. Dedhia, learned APP for State. Perused entire record.
3. It is the prosecution case that, Appellant was married with Ms. Nausin @ Nasrin, daughter of Sayyed Issaque Sayyed Ashikali (P.W.1) on 2nd February, 2014. After marriage she had come to her parents house on few occasions and told them that, her mother-in-law (Org.A-2) and father-in-law (Org.A-1) were demanding Rs.50,000/- to be brought from her parents. Smt. Nasrinbano was annoyed due to the ill-treatment meted out to her at matrimonial house by all the accused persons. On 21st June, 2014 the elder son-in-law of P.W.1 namely Sayyed Shahid Sayyed Hanif informed him that, his daughter Smt. Nasrinbano was seriously ill and called him to Malegaon, District Nashik. P.W.1
The main legal point established in the judgment is the application of Exception 1 of Section 300 of the IPC, regarding grave and sudden provocation, in determining the appellant's guilt for murder.
Culpable homicide not amounting to murder – Act of provocation and loss of self-control, must be actual and reasonable.
The appellant was entitled to the benefit of Exception 1 to Section 300 of IPC, converting his conviction under Section 302 of IPC to that of Part-I of Section 304 of IPC, considering the sustained p....
The main legal point established in the judgment is the application of Exception 1 to Section 300 of the IPC, specifically the concept of sustained provocation, and its impact on the appellant's conv....
Sustained provocation can lead to a loss of self-control, allowing for a reduction of a murder charge to culpable homicide not amounting to murder under Exception 1 to Section 300 IPC.
The court ruled that the appellant's actions were provoked by the victim's threats, justifying a conviction under Section 304 IPC instead of Section 302 IPC.
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