Summary
The Supreme Court restored a murder conviction and life imprisonment for an axe blow to the deceased’s skull. Consistent eyewitness accounts, medical evidence and recovery of the bloodstained weapon established the respondent’s role. The High Court’s inference of a sudden, unpremeditated incident lacked evidentiary support. A single blow did not by itself justify reducing the offence to culpable homicide not amounting to murder.
Issues
- Whether the single fatal axe blow and the evidence justified reducing the murder conviction to section 304 Part II by invoking Exception 4 to section 300.
Provisions considered
- Section 300, Fourthly, Indian Penal Code, 1860The dangerous axe assault on the skull attracted the clause concerning knowledge of an imminently dangerous act likely in all probability to cause death or the specified bodily injury. (¶¶ 11, 13)
- Section 300, Exception 4, Indian Penal Code, 1860Absence of premeditation alone was insufficient: sudden fight, heat of passion upon a sudden quarrel and absence of undue advantage or cruel or unusual conduct were also required. The evidentiary basis was lacking here. (¶¶ 14, 15, 16)
Held
- The nature and location of injury, weapon, manner of assault and surrounding circumstances determine the offence; there is no universal rule excluding murder because only one blow was inflicted. (¶¶ 12, 13)
- The consistent eyewitness evidence, including an injured witness, was corroborated by medical findings and the bloodstained axe recovery. Acquittal of the two coaccused did not warrant rejecting the evidence establishing this respondent’s assault. (¶¶ 11, 13)
- The High Court’s sudden-incident inference rested on surmise. The stone-pelting defence lacked support in the evidence, and the deceased was unarmed when seized and assaulted. Exception 4 was not established. (¶¶ 13, 14, 15, 16)
- The High Court’s judgment was manifestly perverse and contrary to the evidence, warranting intervention to prevent miscarriage of justice. (¶ 17)
Result
State appeal allowed; High Court judgment set aside and the respondent’s section 302 conviction restored with life imprisonment. Immediate surrender directed; Registry to forward the order to the concerned Chief Judicial Magistrate to secure compliance.