The central legal point established in the judgment is the application of the doctrine of grave and sudden provocation, the distinction between culpable homicide and murder, and the determination of intention to cause death.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this application under Section 439 of the Code of Criminal Procedure, the applicant is seeking bail in connection with Crime No. 381/2022 registered with the non-applicant/police station for offence punishable under Section 302 of the Indian Penal Code.

2. The applicant is arrested on 9.7.2022 and since then he is in jail.

3. Heard learned counsel Shri Shashank Manohar for the applicant and learned Additional Public Prosecutor Shri Harshal Futane for the State.

4. Learned counsel Shri Shashank Manohar for the applicant, submitted that accusations levelled against the applicant are on the basis of a report lodged by Sau. Prerna Satish Nagrale, the wife of the deceased. As per the report, the applicant is her brother-in-law and they all are residing jointly along with her in-laws. Her husband, who is the deceased, is addicted to vices like drinking liquor. On 8.7.2022, at about 7:00 p.m. her husband came from outside and was drinking liquor by sitting in front of hall and was whispering and, therefore, she restrained him. However, he started quarreling with her. At the relevant time, her sister-in-law, who is the wife of the applicant, was playing with her small child and at the relevant time, the deceased was taunting her and also abused her and, therefore, she manhandled the deceased. The applicant also came there and intervened by taking deceased aside. Thereafter, her husband started quarreling with her and was also manhandling her. After some time, the applicant and the deceased had a quarrel as the applicant had asked the deceased why he abused his wife. She heard the shouts of her husband and saw that the applicant has given blows by means of a knife on the chest of the deceased. Due to the repeated blows, the deceased sustained grievous injuries and succumbed to the injuries. On the basis of the said report, the offence is registered.

5. Learned counsel Shri Shashank Manohar for the applicant, submitted that recital of the First Information Report makes it clear that the alleged incident occurred out of grave and sudden provocation. Recital of the First Information Report itself shows that it was the deceased who raised the quarrel initially with his own wife and, thereafter, the wife of the applicant. The applicant is the person who attempted to convince the deceased not to quarrel, but the deceased, who was under the influence of liquor, started abusing and quarreling with the applicant and, therefore, applicant lost control and the alleged incident took place. He submitted that the case is covered under exception of grave and sudden provocation. At the most, the case of the applicant is culpable homicide not amounting to murder for which punishment is not more than ten years. Learned counsel submitted that now investigation is completed and the chargesheet is filed. Further incarceration of the applicant is not required.

6. In support of his contentions, learned counsel Shri Shashank Manohar for the applicant placed reliance on the decision of the Honourable Apex Court in the case of Budhi Singh vs. State of Himachal Pradesh, (2012) 13 SCC 663 and submitted that the doctrine of grave and sudden provocation is incapable of rigid construction leading to or stating any principle of universal application. While applying this principal, primary obligation of the court is to examine from the point of view of a person of reasonable prudence if there was such grave and sudden provocation so as to reasonably conclude that it was possible to commit the offence of culpable homicide and as per the facts, it was not a culpable homicide amounting to murder.

7. Per contra, learned Additional Public Prosecutor Shri Harshal Futane for the State strongly opposed the application on the ground that recital of the First Information Report shows that when the deceased was drinking liquor, the quarrel took place between him and the wife of the applicant and, thereafter, there was a quarrel between the applic