Summary
A father’s act of throwing a burning chimney lamp at his daughter during a sudden quarrel over a light bulb was held to fall within Exception 4 to Section 300 IPC on the facts. The incident occurred without premeditation, using a lamp already at hand. In an appeal limited to the offence’s nature and sentence, the Supreme Court converted murder to Section 304 Part II and reduced life imprisonment to the approximately eleven years and eight months already served.
Issues
- Whether the sudden, unpremeditated lamp-throwing incident warranted alteration of the murder conviction and sentence.
Held
- The occurrence arose in a sudden quarrel between father and daughter over placement of a bulb. The accused picked up a burning lamp already there and threw it in the spur of the moment, without premeditation. The Court applied Exception 4 on these facts. (¶ 6–7)
- The appropriate conviction was Section 304 Part II. Having regard to the circumstances and the lengthy imprisonment already undergone, further imprisonment was unnecessary. (¶ 8–9)
Result
Appeal partly allowed. Section 302 conviction altered to Section 304 Part II; life sentence reduced to the period already undergone. Appellant ordered released forthwith unless required in another case.