Death Caused Due To Sudden Fight And In Heat Of Passion Upon A Frivolous Matter Without Any Intention Is Not Murder: Madhya Pradesh High Court

The Madhya Pradesh High Court observed that culpable homicide is not amounting to murder if it is committed without any premeditation, on a spur of moment, in sudden fight and in heat of passion upon a frivolous matters and without an offender's having taken undue advantage or acted in a cruel, ghostly or unusual manner.

The Appellant was convicted for the murder of his wife by the trial court and sentenced to undergo Life imprisonment.

The Division Bench of Justice Vijay Kumar Shukla and Justice Prem Narayan Singh observed, “As per their statements, the incident had admittedly happened all of a sudden and in a furious moment. Brick has been pelted on head of deceased with full force in heated moment. Thus, in committing so, the appellant was certainly having the knowledge of death, but not the intention. Therefore, the offence committed by the appellant shall be under the purview of Section 304-II of IPC and not under Section 302 of IPC.”

Advocate Manohar Singh Chouhan represented the Appellant, while Advocate Shrey Raj Saxena represented the Respondents.

Case Brief

The Appellant was charged with Section 342 and 302 of IPC. It was the Prosecution’s case that the Appellant had murdered his wife after having a fight with her as she refused to pay him money.

It was submitted that all eye-witnesses turned hostile and did not support the case of the Prosecution. Further, the post mortem report has only shown that there is a single injury caused on the head of the deceased. It is further submitted that if the case of the prosecution is accepted as it is, the offence of the appellant would not travel more than the offence under Section 304-II of the IPC whereas the learned trial Court has convicted the appellant wrongly under Section 302 of IPC.

Court’s Analysis

The question before the Madhya Pradesh High Court was whether the husband (appellant) has caused injury by brick with intention or knowledge to cause her death and the offence committed by the appellant shall be under the purview of Section 302 of IPC or section 304-II of IPC.

“It is also revealed that the marriage between the appellant and deceased was solemnized way back and the age of complainant/Karan is 17 years at the time of incident. There are two sons and one daughter who have been produced as witnesses before the Court and none of them have stated about predetermination or any such motive for this obnoxious act. Under these circumstances, the offence of committing culpable homicide amounts to murder against the appellant cannot be envisaged”, the Court said.

The Bench opined that culpable homicide is not amounting to murder if it is committed without any premeditation, on a spur of moment, in sudden fight and in heat of passion.

It was held that, “So far as the sentence is concerned, there is no pre-conviction as not adverted by learned public prosecutor, the incident had happened in a heated spur of moment, hence, for the offence under section 304-II of IPC 07 years R.I and fine of Rs.5000/- would be sufficient.”

Accordingly, the conviction and sentence of the appellant was modified to the extent that he is convicted under Section 304-II of IPC and sentenced for 07 years R.I. with fine of Rs.5000/.

Cause Title: Kishan V. State of Madhya Pradesh (NEUTRAL CITATION NO. 2025:MPHC-IND:15411)

Appearance

Appellant: Advocate Manohar Singh Chouhan

Respondents: Advocates Shrey Raj Saxena, Dy. AG assisted by Shri H.S. Rathore, GA appearing on behalf of Advocate General.

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