By Ranjit Das , Latest Legal Developments.
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Case Law
Subject : Criminal Law - Indian Penal Code
Bilaspur
, CG
– The High Court of Chhattisgarh has modified the life imprisonment sentence of two brothers convicted for murder, ruling that their actions constituted culpable homicide not amounting to murder. A Division Bench of
Chief Justice
Ramesh Sinha
and
Justice
Bibhu Datta Guru
held that the incident, which arose from a dispute over
The Court set aside the conviction under Section 302 (Murder) and convicted the appellants,
The case originates from an incident on March 28, 2021, during Holi festivities. A verbal altercation began when
According to the prosecution, the deceased,
The appellants, represented by Advocate
Conversely, the State, represented by Government Advocate
The High Court meticulously analyzed the conditions required to invoke Exception 4 to Section 300 IPC, referencing landmark Supreme Court judgments, including Arjun v. State of Chhattisgarh (2017) and Sukhbir Singh v. State of Haryana (2002) . The bench reiterated the four essential ingredients for the exception to apply: 1. The fight must be sudden. 2. There must be no premeditation. 3. The act must be done in the heat of passion. 4. The offender must not have taken undue advantage or acted in a cruel manner.
The Court observed:
"It is apparent that though there was no premeditation on the part of the appellants to cause death of deceased. The appellants did not had any intention to cause death of deceased, but by causing such injury, he must had the knowledge that such injuries inflicted by them would likely to cause death of
, as such, the case would fall within the purview of Exception 4 of Section 300 of IPC." Bali Chauhan
The bench concluded that the prosecution's own narrative, supported by eyewitnesses, established that the fatal confrontation was an escalation of a sudden quarrel. The evidence did not point to a pre-planned conspiracy to commit murder.
Based on its findings, the High Court set aside the trial court's judgment of conviction for murder. It held that while the appellants did not intend to cause death, they acted with the knowledge that their assault was likely to be fatal, thus attracting the provisions of Section 304 Part-I IPC.
The judgment stated:
"Accordingly, conviction and sentence of the appellants under Section 302/34 of the IPC is set aside, however, they are convicted under Section 304 Part-I/ 34 IPC and sentenced to undergo rigorous imprisonment for 10 years. The fine sentence imposed by the trial Court shall remain intact."
The Court noted that the appellants had been in jail since March 29, 2021, and directed them to serve out the remainder of their modified sentence.
#CulpableHomicide #Section302IPC #Section304IPC
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