A killing in the heat of passion during a sudden quarrel may reduce culpability from murder to manslaughter under Exception-4 of IPC.

By Court: Heard learned counsel Mr. Arun Kumar representing the appellant as a panel lawyer of JHALSA and learned Additional Public Prosecutor Mr. Gouri Shankar Prasad.

2. This appellant is undergoing rigorous imprisonment for life with a fine of Rs.5,000/-, in default whereof to suffer three months simple imprisonment upon his conviction for the offence under Section 302 of the I.P.C. for the murder of his wife namely Shanti Behara rendered by the learned court of Additional Sessions Judge-II, Ghatsila in Session Case No.94 of 2013 vide impugned judgment of conviction dated 14^th July 2014 and the order of sentence dated 16^th July 2014. Informant is a Chowkidar no.1/7 Uttam Karamkar of village Meria, P.S. Musabani, District East Singhbhum upon whose Fardbeyan recorded by Sub-Inspector A.K. Dubey, Officer-in-charge, Musabani Police Station at 12.30 hours on 18^th July 2012 at Quarter No. SPR 7/9 Harijan Basti, P.S. Musabani, the F.I.R. was lodged bearing Musabani P.S. Case No.35/2012 under of the Indian Penal Code on 18^th July 2012 at 15 hours against the sole accused/appellant herein. The informant has interalia made the following allegations in his Fardbeyan:

On 18^th July 2012 he was on deputation in law and order duty in Musabani market when he got information at 12:00 hours that one person in Harijan Basti has killed his wife by an assault with Kulhari and brought the dead body into his quarter. In order to verify this information, he reached there and found a crowd assembled. On being asked, the villagers informed that accused Sonu Behera @ Tiblu Behera son of Late Monu Behara, Quarter No.SPR 7/9 Harijan Basti of Musabani Police Station has been living with his wife Shanti Behara aged 40 years for five years. Both of them were engaged in manual labour. On that day at around quarter to 12:00 they had returned to their quarter from their work. Accused Sonu Behera aged 45 years demanded money from his wife for drinking liquor. This resulted in heated exchanges between the two whereupon the accused Sonu Behera with a Kulhari in his hand chased his wife Shanti Behara in order to kill her. She ran and on reaching in front of the house of Sushila Mukhi (P.W.8) sat on a bench. Accused Sonu Behera @ Tiblu followed her to that place and assaulted with the Kulhari upon her neck which resulted in injuries and she died at the same place. Thereafter, he picked up the body of his wife and brought it to the Quarter No.SPR 7/9 and went out of his house with the Kulhari. The blood stained Kulhari was seized from the accused Sonu Behera @ Tiblu Behera with the help of the villagers. He narrated the incidence to the Officer-in- charge, Musabani Police Station and the incidence was confirmed by the other villagers namely Sushila Mukhi, Munna Sona, Lal Mohan Karua, etc. The informant asserted that the accused Sonu Behera @ Tiblu Behera aged 45 years son of Late Monu Behara of Quarter No.7/9 Harijan Basti, P.S. Musabani, District East Singhbhum has with an intention to commit murder of his wife assaulted on her neck and caused her death and then brought the dead body to his house.

3. Investigation commenced upon institution of F.I.R. and after finding the case true, chargesheet bearing no.47/2012 dated 31^st July 2012 was submitted under Section 302 I.P.C. against the sole accused. Cognizance was taken by the learned court on 22.09.2012. The case was committed thereafter to the court of sessions on 05.01.2013. Charges were framed under I.P.C. against the sole accused on 21^st May 2013 by the learned court of District and Additional Sessions Judge-II, Ghatsila. The