After Heat-Of-Moment Killing Of Brother-In-Law, Karnataka HC Converts Murder Conviction To Culpable Homicide, Limits Sentence To Nearly 9 Years Served

On 25 November 2017, during a quarrel between the appellant’s sister, Mary, and her husband, Suresh, the appellant allegedly struck Mary and assaulted Suresh with a wooden club.

Suresh was taken for treatment the following day and died on 29 November 2017; the post-mortem opinion attributed death to complications of multiple injuries.

Mary, the complainant, and Chinna turned hostile at trial.

The Sessions Court nevertheless convicted the appellant under Sections 302, 323 and 506 of the IPC.

On appeal, the High Court considered the evidence of Suresh’s parents, who testified to the assault, alongside the circumstances of the incident and the medical evidence.

The Court considered Sections 302, 304 Part I, 323 and 506 of the IPC, and Exception 4 to Section 300 IPC.

Exception 4 applies where a culpable homicide occurs in a sudden fight, in the heat of passion upon a sudden quarrel, without the offender taking undue advantage or acting in a cruel or unusual manner; where its conditions are met, the offence is not murder.

Section 304 Part I applies where the act is committed with the intention of causing death or such bodily injury as is likely to cause death.

The Court cited no precedent in its reasoning.

The Court found that the appellant had not arrived armed, that no strong motive or prior animosity was established, and that the assault occurred suddenly when he encountered the quarrel between his sister and Suresh.

It considered the incident to have occurred in a fit of rage and in the heat of the moment, and held that the appellant’s conduct fell within Exception 4 to Section 300.

Although it found an intention to cause bodily injury likely to cause death, it concluded that the offence was punishable under Section 304 Part I rather than Section 302 IPC.

The convictions under Sections 323 and 506 were not sustained because Mary did not support the prosecution case that the appellant assaulted or threatened her.

The convictions under Sections 302, 323 and 506 IPC were set aside; the appellant was acquitted of those offences and convicted under Section 304 Part I IPC.

The Court sentenced him to the period already undergone, imposed a fine of ₹15,000 (with three months’ simple imprisonment in default), and directed that the fine, if paid or recovered, be paid to PW4 Madamma as compensation.

The trial court’s compensation order concerning the deceased’s parents was confirmed.