Dattatraya vs State Of Maharashtra 2024 INSC 167 – S 302 IPC Converted To S 304 IPC

Indian Penal Code, 1860; Section 300, 302,304 – Appellant’s conviction under Section 302 IPC modified to Section 304 IPC – SC held: Though the appellant had knowledge that such an act can result in the death of the deceased, but there was no intention to kill the deceased – There is sufficient evidence to prove that the burn injury was caused to the deceased by an act done at the hands of the appellant and it was the appellant who had come to his house under the influence of liquor and poured kerosene on his wife while she was cooking food for him on a stove, which resulted in bursting of the stove and causing burn injuries on the deceased. There is also sufficient proof of the fact that the husband and wife were having frequent fights even earlier -It is a case where a sudden fight took place between the husband and wife. The deceased at that time was carrying a pregnancy of nine months and it was the act of pouring kerosene on the deceased that resulted in the fire and the subsequent burn injuries and the ultimate death of the deceased. -This act at the hands of the appellant will be covered under the fourth exception given under Section 300 of the IPC, i.e., “Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner”- The act of the appellant is not premeditated, but is a result of sudden fight and quarrel in the heat of passion.

Leave a Comment

Your email address will not be published. Required fields are marked *