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Supreme Court of India · 02/08/2022

DAUVARAM NIRMALKAR versus STATE OF CHHATTISGARH

[2022] 7 S.C.R. 5 · 2022 INSC 786

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Summary

The appellant was convicted of murdering his brother with a pick-axe. The Supreme Court upheld the finding that he was the perpetrator: the weapon and body were recovered on his disclosure, the two lived in the same house, no third-party involvement was suggested, and Section 106 of the Evidence Act applied. However, the Court held that the case fell under Exception 1 to Section 300 IPC. The deceased, an alcoholic, had constantly abused and threatened the appellant, and on the night of the incident told him to leave the house or be killed. This sustained provocation, ending in a final provocative act, caused a sudden loss of self-control. The conviction was converted to Section 304 Part I and the sentence reduced to the more than ten years already served.

Issues

  1. Whether the appellant's involvement as the perpetrator was proved, given that the public witnesses turned hostile and his confession to the police was inadmissible.
  2. Whether cumulative or sustained provocation followed by a final provocative act brings the killing within Exception 1 to Section 300 IPC.

Provisions considered

Held

Result

Appeal partly allowed. The conviction was converted from Section 302 to Section 304 Part I IPC and the sentence reduced to the period already undergone (over ten years) plus a fine of Rs.1,000, with release on payment of the fine or after serving the default term.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 5.