Possibility Of Commission Of Offence In Heat Of Passion Cannot Be Ruled Out: SC Alters Conviction U/S 302 IPC To One U/S 304 IPC
|The Supreme Court altered the conviction of an individual under Section 302 to one under Part I of Section 304 IPC while observing that the possibility of an offence being committed by the Appellants without premeditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out.
The Court was hearing a Criminal Appeal challenging the judgment and order passed by the High Court where the High Court dismissed the Criminal Appeal preferred by the present Appellants and upheld the order of conviction and sentence passed by the Additional Sessions Judge.
The bench of Justice BR Gavai, Justice Prashant Kumar Mishra and Justice KV Vishwanathan observed, “the appellants would be entitled to benefit of the doubt and the conviction under Section 302 IPC needs to be altered to the one under Part I of Section 304 IPC.”
The Court heard the Amicus Curiae Vikrant Narayan Vasudeva and Deputy Advocate General Ravi Kumar Sharma who appeared on behalf of the Respondent.
Brief Facts-
In the present case, a shopkeeper reported to Police that he witnessed four individuals assault the victim with weapons, including lathis, a rod, and an axe, after threatening his life due to a long-standing land dispute. Earlier, the victim had shown a local magistrate’s status quo order on the disputed land to a village official. During the altercation, the victim’s mother intervened and was also injured. He later died from head injuries, as confirmed by a post-mortem. Following investigation, the Appellants were charged and convicted under IPC Sections 302 and 307 by the trial Court, and their life sentences were upheld by the High Court. Hence, the present Appeal.
The Court said that given the credible testimony, it has no reason to interfere with the finding of the trial Court as well as the High Court that it is on account of the injuries caused by the Appellants that the deceased had died.
Taking into consideration the fact that the weapons used by the accused persons are axe and sticks, which are commonly used by the agriculturists the Court observed, “the possibility of offence being committed by the Appellants without premeditation in a sudden fight in a heat of passion upon a sudden quarrel cannot be ruled out.”
Accordingly, the Court allowed the Appeal.
Cause Title: Devendra Kumar v. State of Chhattisgarh (Neutral Citation: 2024 INSC 841)