Provocation Must Be Grave Causing Sudden & Temporary Loss Of Self-Control To Invoke Exception 1 Of Section 300 IPC: Delhi HC
The Delhi High Court has reiterated that Exception I under Section 300 of the IPC can only be invoked when there is a provocation that causes a sudden and temporary loss of self-control and that such provocation must be both grave and sudden.
In that context, the Bench of Justice Suresh Kumar Kait and Justice Shalinder Kaur observed that, "The doctrine relating to provocation depends upon the fact that it causes a sudden and temporary loss of self control and such provocation must be both grave and sudden, so as to earn the benefit of the provision of Exception I of Section 300 IPC."
Counsel Kanhaiya Singhal, and others, appeared for the appellant, while APP Pradeep Gahalot appeared for the State.
In this case, the appellant filed an appeal against the judgment convicting him under Sections 302/34 of the Indian Penal Code.
The charges stemmed from an incident where the appellant, along with JCL 'B', allegedly stabbed the victim to death. The prosecution's case was based on the testimony of eyewitnesses, including the victim's son and another witness.
The appellant argued that there were inconsistencies and contradictions in the witnesses' statements, and the trial court failed to consider material on record, leading to a mechanical and hasty judgment. The appellant contended that no motive was established, and the prosecution witnesses' credibility was questionable. The State argued that the trial court rightly convicted the appellant based on the eyewitness accounts and post-mortem report.
On appreciating the evidence and the victim testimonies, the Court observed that the occurrence of stabbing the deceased with knife by the appellant took place in the course of a sudden quarrel, which was in no manner pre-mediated.
Altering the conviction from Section 302 of the IPC to Section 304 Part (I) of the IPC, the Court observed that, "There was as such no intention on part of the appellant to kill, the intention probably was to cause bodily injury in the abdomen and one in the chest. However, he had the knowledge that three stab injuries being caused by him with knife in the abdomen could result in the death of the deceased. In the absence of any previous animosity between the appellant or deceased & family members as the injuries were inflicted in a sudden fight in the heat of passion".
The appellant was awarded ten years of rigorous imprisonment, and the appeal was disposed of accordingly.
Cause Title: Manish @ Ganja vs State (GNCT of Delhi)
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