Penal Code, 1860 – s.301, exception 4 to s.300, s.304 Part-I – Murder – Culpable homicide by causing death of person other than person whose death was intended – Culpable homicide not murder if it is committed without premeditation in a sudden fight – When – On facts, altercation between the parties – Appellant armed with knife and co-accused with hockey stick trespassed into the house of the first informant with the intention to lay an assault on him – Informant’s wife intervened and in the process the appellant alleged to have inflicted knife blow in the abdomen of the wife, resulting in her death – Trial court acquitted the appellant, however, the High Court convicted him u/s.302 – Correctness: Held: Even for the sake of argument, the appellant had no intention to cause death of the deceased, the doctrine of transfer of malice, as contemplated u/s.301 applicable to the instant case and the appellant would be guilty u/s.302 – Having regard to the genesis of the occurrence, the case falls within exception 4 to s.300 – Impugned judgment modified – Appellant to be convicted for the offence punishable u/s.304 Part-I and sentence reduced to the period already undergone since incident is of 1992 and that the appellant is aged 74 years. [Paras 36-46]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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