The court held that a temporary loss of self-control due to provocation reduced a murder charge under IPC Section 302 to culpable homicide under Section 304.

JUDGMENT

The accused has preferred the present appeal against the impugned judgment of conviction dated 17/03/2015 and order of sentence dated 18/03/2015 passed in S.C.No.123/2013, on the file of the Fast Track Court at Sagar, convicting the accused under the provisions of Sections 302 of the Indian Penal Code , 1860 (“IPC” for short) to undergo imprisonment for life i.e., he has to remain in prison until his death and to pay a fine of Rs.5,000/- and in default, to undergo simple imprisonment for three months.

Facts of the case:

2. It is the case of the prosecution that, on the basis of the complaint lodged by the brother of the deceased – Hasmath Banu that on 28/10/2013 at about 10.30 a.m. Riyazkhan telephoned the complainant and informed that his father Peerkhan-accused had committed murder of his sister Hasmath Banu by assaulting her with sickle and spade and when the complainant went there at 11.00 a.m., he found the dead body of his sister in kitchen in the pool of blood and spade and broken sickle were lying near the dead body. It is stated that the complainant came to know that the said Peerkhan-accused had been to Bengaluru on 19/01/2013 and stayed there for two days in the house of Fairozkhan and returned on 23/01/2013 along with Hasmath Banu saying that he is going to send rice with her. After two days, when Hasmath Banu told Peerkhan that she wants to return back to Bengaluru, he asked her to stay back so that he has to arrange for rice and the said Peerkhan was abusing Hasmath Banu as she was married to Fairozkhan (son of Peerkhan) and ruined the family life of his first wife-Rihana Banu (daughter-in-law of Peerkhan) and her children. As the first wife of Fairozkhan namely, Rihana Banu had attempted to commit suicide along with her children, Firozkhan was abusing Hasmath Banu saying that she was the cause for spoiling his son’s and daughter-in-law’s life.

3. According to complainant, Riyazkhan mentioned that on 27/01/2013, at around 10.00 p.m. Hasmath Banu and her mother-in-law Rajiya Bi were sleeping in the kitchen and at about 1.30 to 2.00 a.m., when he heard the noise, he woke up and switched on the light and saw that the front door was opened and when he came out, he saw his father Peerkhan proceeding on his TVS bike and when Riyazkhan enquired with his father, he got angry and proceeded towards Shikaripura and when he entered the kitchen, he found the dead body of Hasmath Banu, who had sustained grievous injury on her head and there were spade and sickle lying near the dead body and his mother-in-law was in shock. On enquiry with Rajiya Bi, she informed that she heard the noise and woke up and saw that the said Peerkhan had kept the sickle and went out and had committed the murder of Hasmath Banu by assaulting her on her head. The said Peerkhan had ill-will against Hasmath Banu as he felt that she had ruined the family of his son Fairozkhan with his first wife and children and due to the said reason, he had committed the murder of Hasmath Banu.

4. On the basis of the complaint, the Jurisdictional Police registered a case in P.S.Crime No.39/2013 and conducted investigation by visiting the spot in the presence of panchas and recorded the statement of the witnesses.

5. MOs.8 to 11 were received by the Investigating Officer and arrested the accused and recorded his voluntary statement before the panchas and on the basis of which, he went to Shikaripura and seized TVS moped and zerkin in the presence of the panchas after receipt of the property extract of the spot, P.M. report and other documents and he c