Summary
The appellant poured kerosene on his pregnant wife during a sudden quarrel, causing fatal burns. The Court treated the act as culpable homicide committed in the heat of passion without premeditation, rather than murder, and reduced the sentence to ten years’ rigorous imprisonment. He was ordered released because he had already served that term.
Issues
- Whether the appellant’s act amounted to murder or culpable homicide not amounting to murder under the sudden-fight exception.
- What sentence should follow the altered conviction.
Provisions considered
- Section 300, Exception 4, Indian Penal Code, 1860The fatal act occurred in a sudden fight and heat of passion without premeditation; the Court found the exception applicable on the facts. (¶ 19-21)
- Sections 302 and 304 Part II, Indian Penal Code, 1860The murder conviction was altered to culpable homicide not amounting to murder because the appellant had knowledge of the likely consequence but no intention to kill. (¶ 20-21)
Held
- The evidence showed that the appellant poured kerosene on his wife during a sudden quarrel. The act was not premeditated; he had knowledge that death could result but lacked an intention to kill. (¶ 19-21)
- The facts fell within Exception 4 to Section 300 IPC. The conviction under Section 302 was altered to Section 304 Part II. (¶ 20-21)
Result
The appeal was partly allowed. The conviction was altered to Section 304 Part II and ten years’ rigorous imprisonment imposed; the appellant was ordered released because he had served more than ten years, unless required in another case.