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Lavghanbhai Devjibhai Vasava v. The State of Gujarat

Criminal Appeal · 2018 INSC 20Decided 10 Jan 2018
Criminal Appeal No. 253 of 2018
Justice A.K. Sikri · Justice Ashok Bhushan

Background

The appellant was convicted by the trial court of murdering his wife, Shakuben, by striking her on the head with the wooden leg of a cot during a domestic altercation over delay in preparing lunch; she died ten days later while undergoing treatment. The Gujarat High Court upheld the conviction under Section 302 IPC and the sentence of life imprisonment. The Supreme Court had granted limited leave only on the narrow question of whether the offence should instead be treated as culpable homicide not amounting to murder under Section 304 IPC.

Decision Breakdown

Applying the factors laid down in Dhirendra Kumar v. State of Uttarakhand (nature of weapon, whether it was carried to the scene or picked up on the spot, force used, presence of sudden provocation, and whether undue advantage was taken), the Supreme Court found the incident arose from a sudden quarrel, a single blow was struck with a readily available object, and there was no pre-existing enmity or planning. It held the case fell under Section 304 Part II IPC rather than Section 302 IPC, partly allowed the appeal, altered the conviction accordingly, and, since the appellant had already served about 9 years and 3 months, reduced the sentence to time already served and ordered his immediate release.

Lesson Learnt

A killing committed in the heat of a sudden quarrel with a weapon picked up on the spot, without premeditation or taking undue advantage, is generally culpable homicide (Section 304) rather than murder (Section 302), which can make a major difference to the sentence actually served.

Official source (sci.gov.in)View Judgment (PDF)

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