Grave and sudden provocation can reduce murder charges to culpable homicide under IPC, provided it meets specific parameters for loss of self-control.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this appeal, appellants (the accused persons) have challenged judgment and order dated 17.5.2018 passed by learned Sessions Judge, Akola (learned Judge of the trial court) in Sessions Trial No. 96/2017.

2. By the said judgment impugned in this appeal, the accused persons are convicted for offence punishable under Section 302 read with 34 of the IPC and sentenced to undergo rigorous imprisonment for life each and pay fine Rs.5000/- in default, to undergo rigorous imprisonment for 3 months. They are further convicted for offence punishable under Section 452 read with 34 of the and sentenced to undergo rigorous imprisonment for two years each and pay fine Rs.1000/- in default, to undergo rigorous imprisonment for further period of one month each.

3. Brief facts of the prosecution case are as under:

(A) Aniruddha Ingle (the informant) is brother of Arun Ingle (the deceased) residing adjacent to house of the informant along with his family. Accused No.1 Vinod Ingle is nephew of the deceased, who was also residing along with his wife adjacent to house of the deceased. On the day of the incident, there was a dispute between the deceased and the accused persons on account of throwing garbage on verandah of the house of the deceased. Regarding the said incident, accused No.2 Pooja Ingle lodged report, which was registered as N.C.Report at Borgaon Manju Police Station, district Akola vide N.C.Report No.692/96. It is alleged that the deceased was always objecting act of accused No.2 Pooja Ingle throwing the garbage. On 26.11.2016, i.e. on the day of the incident, there was a quarrel between the deceased and accused No.2 Pooja Ingle in the morning. On the same day, i.e. 26.11.2016, at about 1:30 pm, when the informant was present at his house, he heard sound of the quarrel from the house of the deceased and, therefore, he went towards the house of the deceased and witnessed the quarrel between the accused persons and the deceased. The deceased was telling accused No.1 Vinod Ingle that his wife accused No.2 Pooja Ingle was throwing garbage in front of his house. However, accused No.1 Vinod Ingle started assaulting the deceased by means of “bamboo stick” as well as the head of the deceased was bashed against a wall and he was also assaulted by fists and kick blows. Due to the assault, the deceased sustained grievous injuries. The informant rushed towards the deceased and rescued him, but the deceased became unconscious. Thereafter, the accused persons left the house of the deceased. The deceased was taken to the “Vidarbha Hospital” at Akola. However, during treatment, he succumbed to the injuries. On the basis of the said report, the police registered the crime against the accused persons.

(B) After registration of the crime, after completing formality of investigation, recording statements of witnesses, recovery of weapon at the instance of accused he submitted chargesheet against the accused persons.

(C) Learned Sessions Judge, after committal the case by learned Magistrate, framed charge vide Exh.32 against the accused persons. The accused persons denied the charge and claimed to be tried.

(D) In support of the prosecution case, the prosecution has examined in all 8 witnesses, they are as follows:

(E) Besides the oral evidence, the prosecution placed reliance on C.A.Reports Exhs.24 to 26, report Exh.38, FIR Exh.39, seizure of clothes of the deceased Exh.40, medical certificate Exh.49, requisition to the medical officer Exh.50,