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2019 Supreme(Raj) 605
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
Sandeep Mehta, Abhay Chaturvedi, JJ.
Megh Raj - Appellants
Vs.
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 720 of 2016
Decided On : 16-09-2019
For the Appellant : S.K. Verma
For the Respondents: N.S. Bhati, P.P.
Exception 4 of Section 300 I.P.C. provides that culpable homicide is not murder if it is committed in a sudden fight in the heat of passion upon a sudden provocation.
Headnote:
MURDER - SECTION 302 I.P.C. - SECTION 304 PART-I I.P.C. - SECTION 323 I.P.C. - SECTION 341 I.P.C. - SECTION 4/25(1-B) OF ARMS ACT - SECTION 5/27(1) OF ARMS ACT - CONVICTION AND SENTENCE - ALTERATION OF CONVICTION FROM SECTION 302 TO 304 PART-I I.P.C. - INTERPRETATION OF EXCEPTION 4 OF SECTION 300 I.P.C. - CONSIDERATION OF CIRCUMSTANCES AND INTENT - MODIFICATION OF SENTENCE - COMPENSATION TO LEGAL HEIRS UNDER RAJASTHAN VICTIM COMPENSATION SCHEME.
Fact of the Case:
The appellant was convicted and sentenced for the murder of Smt. Meena under Section 302 I.P.C. and other related offenses. The deceased was in a live-in relationship with the appellant for a period of time, but later returned to her husband. On the day of the incident, the appellant approached the deceased and asked her to accompany him, but she refused. An altercation ensued, and the appellant stabbed the deceased with a knife, causing her death.
Finding of the Court:
The court found that the appellant's primary intention was not to kill the deceased, but to coerce her into accompanying him and resuming their relationship. The court held that the act of the appellant was covered by Exception 4 of Section 300 I.P.C., which provides that culpable homicide is not murder if it is committed in a sudden fight in the heat of passion upon a sudden provocation. The court, therefore, altered the conviction of the appellant from Section 302 to 304 Part-I I.P.C. and sentenced him to 10 years' rigorous imprisonment and a fine of Rs. 20,000/-.
Issues: 1. Whether the appellant's act was covered by Exception 4 of Section 300 I.P.C.? 2. Whether the conviction of the appellant for the offence under Section 302 I.P.C. should be altered?
Ratio Decidendi: The court held that the appellant's act was covered by Exception 4 of Section 300 I.P.C. because he acted in the heat of passion and upon a sudden provocation. The court considered the circumstances of the case, including the fact that the deceased had left the appellant and returned to her husband, and that the appellant had approached her and asked her to accompany him, but she had refused. The court also considered the fact that the appellant had used a kitchen knife to stab the deceased, which indicated that he did not intend to kill her.
Final Decision: The court accepted the appeal in part and altered the conviction of the appellant from Section 302 to 304 Part-I I.P.C. The court sentenced the appellant to 10 years' rigorous imprisonment and a fine of Rs. 20,000/-. The court also directed that the matter be referred to the District Legal Services Authority, Bikaner for grant of compensation to the legal heirs of the deceased under the Rajasthan Victim Compensation Scheme.
JUDGMENT :
Sandeep Mehta, J.
1. The appellant herein has been convicted and sentenced as below by the learned Additional Sessions Judge No. 4, Bikaner vide the judgment dated 5.7.2016 passed in Sessions Case No. 88/2012 (Old No. 30/2012):
| For offences under Sections | Sentences and fine | Default sentence |
| Section 302 I.P.C. | Life Imprisonment & Rs. 10,000/- | 3 Months' S.I. |
| Section 323 I.P.C. | 6 Months' S.I. & Rs. 1000/- | 1 Month's S.I. |
| Section 341 I.P.C. | 1 Month's S.I. & Rs. 500/- | 7 Days' S.I. |
| Section 4/25(1-B) of Arms Act | 1 Year's S.I. & Rs. 1000/- | 1 Month's S.I. |
| Section 5/27(1) of Arms Act | 3 Years' S.I. & Rs. 1000/- | 1 Month's S.I. |
| All the sentences were ordered to run concurrently. | ||
2. Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C.
3. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.
4. The Parcha Bayan (Ex. P3) of one Smt. Meena W/o. Ravishankar, admitted in the casualty ward of PBM Hospital, Bikaner was recorded by the S.H.O. P.S. Kotwali, Bikaner on 28.1.2012 at 8.25 PM. Smt. Meena alleged in her statement that she had long standing relationship with Meghraj @ Magga S/o. Gopal Ram Mali, resident of Near Harsholav Talab, P.S. Naya Shahar, Bikaner. During the previous year, she had left her matrimonial home and had resided with Meghraj for about 3 months. Thereafter, she reconciled with her husband and returned to her matrimonial home. However, she continued to remain in telephonic contact with the accused. In the evening at about 7.30 PM, she had gone to the old Sabji Mandi, Bada Bazar, Bikaner for fetching some household/grocery items etc. When she reached in front of the shop of Heera Lal Panna Lal on the main road, Meghraj came across and stopped her. He pressurized Smt. Meena to accompany him. She refused outrightly upon which, Meghraj became angry, took out a knife from the pocket of his trousers and stabbed her in the abdomen. Her son Yash Mahatma @ Monu (P.W. 6) tried to intervene and save her on which, he too was beaten by Meghraj. She started bleeding profusely and raised a hue and cry on which, her husband, father-in-law and several other persons came there and she was taken to hospital for providing treatment. On the basis of the statement aforesaid, an F.I.R. No. 9/2012 (Ex. P19) came to be registered at the Police Station Kotwali, Bikaner for the offences under Sections 341 and 307 I.P.C. Smt. Meena expired on 29.1.2012 while undergoing treatment. Her dead body was subjected to autopsy by Dr. Indubala Mathur (P.W. 8), who examined the body and noticed a stab wound ad-measuring 1.5 cm on the epigastric region, inflicted by a sharp weapon. The wound was extending upto the anterior wall of the abdominal cavity. The spleen as well as the omentum were damaged. The interior phrenic artery was cut. The diaphragm was also cut. The depth of the wound was about 10.5 cm. The doctor issued the post mortem report (Ex. P13) opining that the cause of death of Smt. Meena was hemorrhage & excessive bleeding caused by the ante-mortem sharp weapon injury, which was sufficient in the ordinary course of nature to cause death. The accused was arrested on 29.1.2012 (Ex. P17). The weapon (knife) used by the accused to assault the deceased was recovered from his house in furtherance of the information under Section 27 of the Evidence Act supplied by him to the Investigating Officer Shri Vishnu Dutt (P.W. 15), (P.W. 6) Master Yash Mahatma @ Monu, son of Smt. Meena was also got medically examined and his medical report (Ex. P16) was procured as per which, he was having a lacerated wound on the lower lip. After concluding investigation, a charge-sheet came to be filed against the appellant herein for the offences under Sections 3
