Sudden fight not murder under Section 302 IPC – Bombay HC
TITLE : Digambar @ Digu Baburao Shirole V The State of Maharashtra
CITATION : Criminal Appeal No. 151 of 2018
CORAM : Hon’ble justice Smt. Vibha Kankanwadi And Hon’ble justice Abhay S. Waghwase
DATE: 15th December, 2023
INTRODUCTION :
The appeal was filed by the appellant after Feeling aggrieved and dissatisfied by the judgment and order of conviction passed by the learned District Judge for offence under Section 302 of the IPC and thereby sentencing him to suffer imprisonment for life and to pay fine.
FACTS :
The deceased and the accused had gotten into a quarrel and it subsequently led to an attack on the deceased. The brother of the deceased filed a police complaint. The prosecution in the district court took evidence from 13 witnesses and documentary evidence like FIR, post mortem report, recovery panchanama which is now questioned by way of instant appeal.
COURT’S ANALYSIS
The court analysed the autopsy report which held that the cause of death due to liver injury and blunt trauma. The star witness of the trial claimed that on refusal to comply with the demand of extra saplings, quarrel erupted between accused and deceased and accused appellant had put to use very handle of a spade and beaten deceased. The court analysed Section 300 which talks about what leads to culpable homicide and not murder. In that, death arising out of sudden fight is not murder.
The court held that there was no motive, intention or premeditation. Incident has taken place all of a sudden only on refusal to comply with the demand of extra saplings. The sudden death is covered under exception 4 of Sec 300 therefore it wouldn’t attract murder under Sec 302.
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Written by- Sanjana Ravichandran