Summary
Throwing a burning kerosene stove during the deceased’s quarrel with her husband established knowledge that death was likely, but intention to kill was not proved on this record. There was no evidence of strained relations between the accused sister-in-law and the deceased. Applying Hari Shankar, the Supreme Court altered murder to culpable homicide under Section 304 Part II and reduced life imprisonment to five years’ rigorous imprisonment. Review was confined to the nature of the offence.
Issues
- Whether the established stove-throwing act constituted murder or culpable homicide under Section 304 Part II.
Held
- The Court confined review to the nature of offence under its limited notice, rather than reopening the factual finding supported by the dying declaration. (¶¶ 4, 11–12)
- The accused arrived during a quarrel between the deceased and her husband. No prior strained relations or intention to kill was established, while throwing a burning stove necessarily involved knowledge of likely death. The trial court had not addressed intention adequately. (¶ 13–15)
- The materially similar reasoning in Hari Shankar supported Section 304 Part II on these facts and reduction to five years’ rigorous imprisonment. (¶ 16–18)
Result
Appeal partly allowed. Conviction altered from Section 302 IPC to Section 304 Part II IPC; life imprisonment reduced to five years’ rigorous imprisonment.