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2014 Supreme(Del) 2590
High Court of Delhi
PRADEEP NANDRAJOG & MUKTA GUPTA, JJ.
Shish Ram
Versus
State of Delhi
Crl. Appeal No. 234 of 2013
Decided On : 11-12-2014
For the Appellant:Ravi Chaturvedi, Advocate.
For the Respondent:Varun Goswami, APP Insp. Mahesh Kumar, PS S.B. Dairy Complainant Preeti Sharma in person with Ajay Garg, Advocates.
The main legal point established in the judgment is that the sudden quarrel defense under Exception IV to Section 300 of the Indian Penal Code is not applicable to cases involving hot-headed and intemperate individuals, and mutual remonstration lifting the heat and temper to a physical level is required for the defense to apply.
Headnote:
Alcoholism - Criminal Law - [Indian Penal Code, Section 300] - The court affirmed the conviction and sentence of a Junior Commissioned Officer in the Indian Army for murdering his son in a fit of rage due to alcoholism and intemperate nature. The court rejected the argument of sudden quarrel as a defense, emphasizing that the sudden quarrel envisaged by law must involve mutual remonstration that lifts the heat and temper to a level where the combatants become physical, which was not the case here.
Fact of the Case:
The appellant, a retired Junior Commissioned Officer in the Indian Army, murdered his son in a fit of rage due to alcoholism and an intemperate nature. The incident occurred during a quarrel over the appellant's wife not frying chillies properly.
Finding of the Court:
The court affirmed the conviction and sentence of the appellant, dismissing the appeal. The court also addressed an application for compensation from the victim's wife, ruling that she would have the right to continue receiving and appropriating rent from the appellant's properties until he resolves the issue with her.
Issues: The main issue was whether the appellant's actions constituted murder or culpable homicide not amounting to murder, and whether the victim's wife was entitled to compensation from the appellant.
Ratio Decidendi: The court rejected the argument of sudden quarrel as a defense, emphasizing that the sudden quarrel envisaged by law must involve mutual remonstration that lifts the heat and temper to a level where the combatants become physical, which was not the case here. The court also ruled that the victim's wife was entitled to continue receiving and appropriating rent from the appellant's properties until he resolves the issue with her.
Final Decision: The court affirmed the conviction and sentence of the appellant for the murder of his son. The victim's wife was granted the right to continue receiving and appropriating rent from the appellant's properties until he resolves the issue with her.
PRADEEP NANDRAJOG, J.
1. There are seven deadly sins, wrath, avarice, sloth, pride, lust, envy and drunkenness. But in the modern society we find that some of them have contrived to pass themselves off as virtues. For instance avarice has rebaptized itself as thrift and pride as self-respect. Envy claims to be the corner-stone upon which the present era’s competitive system is founded. But one out of the seven vices continues to be unfortunate. It remains undisguised and does not even make an attempt to disguise itself. Probably this vice knows that so evil is it that no guardian angel can touch it with a magic wand to clothe it with the semblance of legitimacy. The viciousness of this vice is so little distinguished, even from those who habitually practice it, that there will be a protest against giving it an honourable name. What starts as a peg or two, after sometime becomes a mania for a few. Life seems as insupportable to them without a drink just as without food to others. The disease of alcoholism is thus developed by indulgence and when blended with intolerance, it is bound to destroy the intolerant drunkard and bring misery to the family.
2. Prone to alcoholism and being of an intemperate nature, the appellant has not only destroyed himself but his family. Serving the Indian Army as a Junior Commissioned Officer and earning glory for himself, post superannuation, the wet ration of six bottles of alcohol every month from the Army canteen at subsidised rates took their toll. The missionary in the appellant became a mercenary. Vide impugned decision dated November 08, 2012 the learned Trial Judge has convicted the appellant for having murdered his son in cold blood and vide order on sentence dated November 09, 2012 has sentenced him to undergo imprisonment for life and pay fine in sum of Rs. 10,000/- in default of payment of fine to undergo simple imprisonment for one month.
3. HC Shyam Lal PW-11 was the duty officer at PS Nihal Vihar on April 06, 2009. He received information from the police control room that a boy had been shot at S-15, Adhyapak Nagar near Vishwakarma Public School, Nangloi. He noted the same vide DD No. 37A, Ex.PW-11/A and handed over copy thereof to SI Kuldeep Singh PW-20 who accompanied by Ct.Pradeep PW-17 left for the spot.
4. On reaching House No. S-15, Adhyapak Nagar near Vishwakarma Public School, Nangloi the two learnt that the incident of shooting had taken place at House No. H-75, Adhyapak Nagar, Delhi. As deposed to at the trial by SI Kuleep Singh and Ct.Pradeep when they reached House No. H-75 the appellant was standing threateningly with a single barrel gun Ex.P-1 wearing a cartridge holder belt Ex.P-2. He was disarmed by the two police officers and the gun and the belt were seized. A fired cartridge Ex.P-3 was found near the dead body of a male, who happened to be the son of the appellant.
5. Preeti Sharma, the daughter-in-law of the appellant, the wife of the deceased named Purshottam, was crying. All family members which included the wife of the appellant were blaming the appellant for having shot his son when he protested against appellant abusing his i.e. the appellant’s wife. The wife was being abused by the appellant because he had an issue with the chillies for the meal not being fried properly. Preeti Sharma’s statement Ex.PW-1/A to said effect was recorded by SI Kuldeep Singh. By that time Insp.Mukesh Kumar PW-1 along with Ct.Naseeb Singh PW-16 also reached the spot. SI Kuldeep Singh made the endorsement Ex.PW-20/A beneath Preeti’s statement Ex.PW-1/A and got the FIR Ex.PW-12/A registered.
6. Crime team was summoned. The appellant handed over the license Ex.P-4 of his gun which was seized vide seizure memo Ex.PW-16/G. The license is in the name of the appellant for the single barrel gun having butt No. 4939-83.
7. The photographer in the crime team Ct. Raj Kumar PW-6 took 9 photographs Ex.PW-1/A1 to Ex.PW-1/A9, negatives whereof are Ex.PW- 6/1 to Ex.PW-6/9.
8. The fir
