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Criminal LawSupreme Court of India

Bhagirath v. The State of Madhya Pradesh

Criminal Appeal · 2018 INSC 975Decided 23 Oct 2018
Criminal Appeal No. 2301 of 2009
Justice R. Banumathi · Justice Indira Banerjee

Background

During a wordy quarrel on the night of 19 August 2005, the appellant struck the deceased on the head with a "farsi" (a type of blade/axe), killing him; a witness who tried to intervene was also injured. The trial court convicted the appellant under Section 302 IPC (murder) and sentenced him to life imprisonment, while his co-accused were later acquitted by the High Court for lack of evidence connecting them to the fatal blow. The High Court upheld the appellant's conviction and sentence, and he appealed to the Supreme Court.

Decision Breakdown

The Supreme Court accepted the injured eyewitness's testimony (supported by medical evidence) establishing that the appellant struck the fatal blow, but re-examined the nature of the offence. It found that the killing occurred in a sudden quarrel/fight without premeditation, that only one significant blow was inflicted, and that the appellant had not taken undue advantage of the deceased, bringing the case within Exception 4 to Section 300 IPC (sudden fight without premeditation). The Court therefore modified the conviction from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part-I IPC), reduced the sentence to the period already undergone, and ordered the appellant's immediate release (if not required in any other case). The appeal was allowed to this extent.

Lesson Learnt

A killing that occurs in a sudden, unpremeditated quarrel, without the accused taking undue advantage of the victim or acting with extraordinary cruelty, may be downgraded from murder to the lesser offence of culpable homicide, even where the fatal blow is clearly proved, because Indian criminal law distinguishes between a calculated killing and one born of a spontaneous fight.

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