Real judgements, distilled

Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Criminal LawSupreme Court of India

The State of Uttar Pradesh v. Faquirey

Criminal Appeal · 2019 INSC 172Decided 11 Feb 2019
Criminal Appeal No. 1842 of 2012
Justice L. Nageswara Rao · Justice Sanjay Kishan Kaul

Background

During a village Panchayat meeting called to settle a dispute between the respondent's nephew-in-law and the respondent (Faquirey), the complainant's son, Rakesh, arrived at the scene. The respondent believed Rakesh had been visiting his house with "an evil eye" on his wife, declared he would kill him, and shot Rakesh dead with a pistol when he tried to flee. The Trial Court convicted the respondent of murder under Section 302 IPC and sentenced him to life imprisonment, but the High Court reduced this to culpable homicide not amounting to murder (Section 304 Part I IPC) with 10 years' rigorous imprisonment, holding that the sight of Rakesh amounted to grave and sudden provocation. The State of Uttar Pradesh appealed to the Supreme Court to restore the murder conviction.

Decision Breakdown

The Supreme Court allowed the State's appeal, set aside the High Court's judgment, and restored the Trial Court's conviction under Section 302 IPC with life imprisonment. It held that the First Proviso to Exception 1 of Section 300 IPC excludes the "grave and sudden provocation" defence where the provocation is voluntarily sought or provoked by the offender himself as an excuse for violence. Here, there was no overt act by the deceased that could amount to provocation: the respondent's suspicion about his wife was his own pre-existing grudge, not something triggered suddenly by the victim's conduct at the scene. The Court held the High Court had erred by converting the conviction without the respondent even having contested the facts on merit, and directed the respondent (who had already served about 10 years) to surrender within four weeks to serve the remainder of his life sentence.

Lesson Learnt

The "sudden and grave provocation" defence to a murder charge is not available where the supposed provocation is really the offender's own pre-existing grudge or suspicion rather than something the victim actually did at the time: courts must find an actual provoking act by the victim, not merely the accused's state of mind.

The State of Uttar Pradesh v. Faquirey – Legal Case Shots | LegalAware