Lack Of Prior Preparation To Commit Murder Does Not Fulfil Essential Ingredients Of 'Murder': Rajasthan HC Alters Conviction U/S 302 IPC To Section 304 Part II IPC

The Court said that since the component of intention on the part of the accused-appellant is absent, therefore, the same falls within the definition of Culpable Homicide as provided under Section 299 IPC.

The Court was hearing a Criminal Appeal against the judgment of conviction and order of sentence passed by the Additional Sessions Judge which convicted the accused-appellant for the offence under Section 302 IPC.

The bench of Dr Justice Pushpendra Singh Bhati and Justice Munnuri Laxman observed, “…the lack of the prior preparation to commit the murder does not fulfil the essential ingredients of Section 300 of the IPC, thus, the conviction of the accused under Section 302 IPC seems to be not appropriate.”

Advocate B.S. Rathore appeared for the Appellant and PP B.R. Bishnoi appeared for the Respondent.

Brief Facts-

The complainant reported to the police that his pregnant daughter was allegedly murdered by her husband (the accused-appellant) and in-laws following an altercation. She was strangled at a nearby school. The accused Appellant later surrendered to the police, while the others returned home. Based on the report the police filed an FIR, evidence was collected, and a charge sheet under Section 302 IPC was submitted. The trial Court convicted him which led to the present Appeal.

After going through the entire record the Court observed that the accused-appellant had committed the crime in question without any premeditation, but the same was committed owing to a sudden fight preceded by a sudden altercation, and thus, according to the Court the same falls under the Exception 4 of Section 300 IPC and the same deserves to be considered as culpable homicide, instead of murder.

The Court said that in the present case, though the accused-appellant might have had the knowledge that the said act would likely cause death, the probability of death was not such, which could show that the accused-appellant was having the intention to cause the death of the deceased.

“The incident in question had happened without premeditation, but due to a sudden fight and in a heat of passion and that there was no prior preparation on the part of the accused-appellant for committing the murder of the deceased.”, the Court observed.

Accordingly, the Court altered the conviction of the accused-appellant, from under Section 302 I.P.C. to Section 304 Part-II IPC.

Finally, the Court partly allowed the Appeal.