A sudden quarrel leading to an unintentional act resulting in death qualifies for culpable homicide not amounting to murder under Exception 4 of Section 300 IPC.

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. Assailing the judgment dated 17.08.2013 passed in Sessions Case No. 100 of 2012 on the file of learned Additional Sessions Judge, Surat, whereby, the sole accused was acquitted of the charge for the offence publishable under Section 302 of the INDIAN PENAL CODE , 1860 (herein after referred to as “the IPC”) and was convicted for the offence punishable under Section 304, Part-II of IPC, imposing punishment of only 7 years’ rigorous imprisonment (RI) with fine of Rs.10,000/- and in default, to undergo simple imprisonment (SI) for 3 months, State has preferred the instant appeal questioning the legality and validity of acquittal of the accused for the offence punishable under Section 302 of IPC.

2. Fact of the present case lie in a narrow compass and may be stated as follow:

2.1 The deceased is the legally wedded wife of the accused. They were married about 13 years prior to the date of offence. They are blessed with two sons and two daughters during their wedlock.

2.2 On the fateful day of 21.11.2011, at about 8:30 p.m., the accused came to his house and when the deceased, who is his wife, served food to him for his dinner, the accused is not satisfied with the Curry prepared and cooked by the deceased. When he questioned her in this regard, some altercation took place between the accused and the deceased. There were heated exchange of words between them at that time. At that time, as there was no power in the house, one oil lamp was burning in the house. In the said heated exchange of words between both of them in the said quarrel, the accused became enraged and in that fit of anger, he kicked the oil lamp, which is on the floor of the house, forcibly. It went and fell on the body of his wife and she was gutted in fire in the said process. The accused, immediately, ran away from the place, even without making any attempt to rescue her by extinguishing the fire on her body. She suffered burn injuries in the said incident.

2.3 After hearing her cries, her sister took her to the hospital. On intimation given by the personnel of the hospital, the Sub Inspector of Police reached the hospital and recorded the statement of the victim. She stated in her statement given to the police that the accused has thrown the oil lamp on her when a quarrel took place between both of them as he was not satisfied with the food prepared by her for his dinner. The said statement was registered as FIR by the police for the offence punishable under Sections 307 and 504 of the IPC. The said statement was recorded at about 11:50 p.m. on that day, during the night time. On the next day i.e. on 22.11.2011, in the early morning at about 4:05 a.m., as her condition became serious in view of the fact that she sustained 85-90% burn injuries, on a requisition made by the doctor, local Executive Magistrate has reached the hospital and recorded the Dying Declaration of the victim. She stated in her Dying Declaration that when a quarrel took place between her and her husband, who is the accused, as he was not satisfied with the food prepared by her for his dinner, that the accused has kicked the oil lamp which is on the floor of the house, forcibly and that, it fell on her and she was gutted in fire and sustained burn injuries.

2.4 Thereafter, she succumbed to the said injuries on 23.11.2011. On intimation of her death to the police, FIR was altered and Section 302 of the IPC was added and the case was registered against the accused for the offences punishable under Sections 302 , 307 and 504 of the IPC.

2.5 The case was investigated and eventually, after completion of investigation, Charge-sheet was filed by the police for the offences punishable under Sections 302 , 307 and 504 of the IPC in the committal Court. The case was then committed to the Sessions Division and thereafte