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2015 Supreme(Raj) 1295
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.K.Ranka, JJ.
Chhitarlal and Ors. - Appellant
Versus
State of Rajasthan - Respondent
DB Criminal Appeal No. 964 of 2006.
Decided On : 2-02-2015
For the Appellants:Vinay Pal Yadav, Advocate.
For the State: N.S. Dhakar, Public Prosecutor.
Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner (Exception 4 to Section 300 IPC).
Headnote:
The court converted the conviction of two accused from Section 302 IPC (murder) to Section 304 Part-I IPC (culpable homicide not amounting to murder) and acquitted the remaining accused of the offense under Section 302/149 IPC (murder committed in prosecution of common object). The court held that the occurrence was a sudden affair and that the accused acted in the heat of passion upon a sudden quarrel without premeditation or undue advantage.
Fact of the Case:
The deceased, Ramchandra, and his party were grazing cattle in a disputed land when the accused, who were also grazing cattle nearby, opened the outlet of a water channel to irrigate their fields. Ramchandra objected to this, and a quarrel ensued. The accused attacked Ramchandra and his party with axes and sticks, causing grievous injuries to Ramchandra, who later died on the way to the hospital. The accused were charged with murder (Section 302 IPC), rioting (Section 148 IPC), and various other offenses under Sections 326, 325, 324, and 323 IPC.
Finding of the Court:
The court found that the accused were working in their fields when the deceased and his party arrived to graze their cattle. When the deceased objected to the accused opening the outlet of the water channel, a sudden quarrel ensued, and the accused attacked the deceased and his party in the heat of passion without premeditation or undue advantage. The court held that the occurrence was a sudden affair and that the accused's actions fell under Exception 4 to Section 300 IPC, which provides that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.
Issues: 1. Whether the accused were guilty of murder under Section 302 IPC. 2. Whether the accused were guilty of rioting under Section 148 IPC. 3. Whether the accused were guilty of various other offenses under Sections 326, 325, 324, and 323 IPC.
Ratio Decidendi: The court relied on the following principles in reaching its decision: * Exception 4 to Section 300 IPC provides that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. * In cases where there is no reliable evidence as to how a sudden fight started or who was the aggressor, the plea of private defense is not available to either side, and the case falls under Section 300, IPC, Exception 4. * When two contending parties, each armed with sharp-edged weapons, clash and inflict injuries on each other in the course of a free fight, it cannot be said that either of them acted in a cruel or unusual manner, and the case falls within Exception 4 of Section 300 of the Indian Penal Code.
Final Decision: The court converted the conviction of two accused from Section 302 IPC to Section 304 Part-I IPC and acquitted the remaining accused of the offense under Section 302/149 IPC. The court also upheld the conviction of the accused for the remaining offenses under Sections 326, 325, 324, 323, and 148 IPC, but reduced the sentence for the offense under Section 325 IPC from three years to one and a half year for two of the accused.
