Sudden Provocation without Premeditation: Supreme Court Released the Accused Who Spent 18 Years in Jail
The Supreme Court t in criminal appeal titled“Pardeshiram Vs. the State Of M.P” held that appellant who almost spent 18 years of his life in jail, is liable to be convicted for the offence under Section 304 Part I of the Indian Penal Code and not under Section 302 IPC.
The facts of the case say on 30.05.2002, there was an altercation between Pardeshiram accused/appellant and Kartik ram deceased/respondent over the construction of a wall on agricultural land. The accused/appellant climbed on the bullock cart of the accused and assaulted him with a spade and after that hit the deceased/respondent with a stone on his head and he died there and then. And Trial Court convicted the accused under section 302 IPC. The High Court of Chhattisgarh has dismissed the appeal against the conviction of the accused.
Now in Supreme Court, it was argued that the offence was committed without premeditation in the sudden fight in the heat of passion. So, Offense falls within Exception 4 of Section 300 IPC.
As per the facts, such injuries were caused in the heat of passion as is likely to cause death. Therefore, it will be culpable homicide not amounting to murder falling within the first part of Section 304 IPC. Though the contention was raised before the High Court also, but did not agree and dismissed the same.
SC held that:
Now the Supreme Court Bench after hearing the submissions observed that; “in the facts and circumstances of the case, it is a case falling under Exception 4 of Section 300 IPC. The injuries were inflicted without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken advantage or acted cruelly or unusually. Moreover, the appellant has served more than 18years of his jail sentence.
Therefore, keeping in view the period of custody undergone; the relationship between the accused and the deceased; and the background in which the injuries were caused In this view of the matter; we are inclined to allow this appeal partly. We thus convict the appellant for an offence under Section 304 Part I IPC. And, find that the appellant is liable to be convicted for an offence under Section 304 Part and sentence him to the sentence already undergone.”
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