The Supreme Court, condoned a delay of 2461 days in filing a Special Leave Petition (SLP) and granted leave to appeal against a High Court judgment affirming the appellant's conviction under Section 302 of the IPC. Upon considering the evidence, the Court ruled that the appellant’s conviction should be reduced from Section 302 (Murder) to Section 304 Part II (Culpable Homicide Not Amounting to Murder). The appellant was sentenced to 7 years' rigorous imprisonment, having already served 17 years, and was ordered to be released.

Condonation of Delay:

• Para 1-3: The accused filed the SLP with a delay of 2461 days, which was condoned by the Court on the grounds that he was unaware of legal procedures and only gained legal aid while incarcerated. A free legal aid counsel was appointed for him by the Supreme Court Legal Services Committee.

Appeal Background:

• Para 4-8: The appellant challenged the High Court's judgment affirming the conviction for the offence of murder under Section 302 IPC, where he was sentenced to life imprisonment for the murder of his second wife, Dasmet Bai, in 1999. The conviction was based on allegations that the appellant assaulted the victim with fists and stones, causing fatal injuries.

Prosecution’s Case:

• Para 6-7: As per the prosecution, the appellant caused the death of his second wife by hitting her with stones, as witnessed by three eye-witnesses (PW-4, PW-5, and PW-6). The cause of death was a fractured rib and laceration of the spleen, leading to hypovolemic shock.

Appellant’s Argument:

• Para 9-11: The appellant's counsel argued that it was a case of sudden quarrel where a single blow was delivered during a moment of provocation. The appellant lacked intent to cause death, and therefore the charge should be reduced to culpable homicide not amounting to murder under Section 304 Part II IPC.

Prosecution’s Rebuttal:

• Para 12: The State opposed the reduction, emphasizing the chase and the deliberate stone blow after the victim had fallen, suggesting the accused's knowledge and intent to cause death.

Court’s Analysis:

• Para 13-19: The Court observed that there was no prior cruelty or motive. The altercation appeared to have arisen suddenly, with both the accused and deceased consuming alcohol. The injury caused by the appellant was not intended to be fatal. The single blow, although it caused death, did not show intent or extreme recklessness, making it a case under Section 304 Part II IPC, rather than Section 302.

Court’s Conclusion:

• Para 20-23: The Court held that the injury was not sufficient to cause death in the ordinary course of nature, and thus the act fell under Section 304 Part II IPC, attributing knowledge but no intent to kill. Since the appellant had already served more than the revised sentence of 7 years, he was ordered to be released.

Commendation:

• Para 24-26: The Court expressed its appreciation for the legal aid provided by Senior Advocate Shri Vijay Hansaria and allowed the appeal partly in these terms.

Acts and Sections Discussed:

• Section 302, Indian Penal Code, 1860: Deals with punishment for murder. The Court held that the elements required for conviction under this section were not satisfied as there was no intent to kill.

• Section 304 Part II, Indian Penal Code, 1860: Refers to culpable homicide not amounting to murder, where the offender has knowledge that the act is likely to cause death, but no intention to kill. The Court modified the conviction to this section.

Ratio Decidendi:

The distinction between culpable homicide not amounting to murder (Section 304 Part II) and murder (Section 302 IPC). The Court determined that the appellant's actions did not show an intention to kill, but rather knowledge that his actions were likely to cause death. Given the sudden provocation and the nature of the injury, the appellant’s act was not deemed to fall within the scope of murder.

Subjects:

Criminal Law – Conviction Modification from Murder to Culpable Homicide Not Amounting to Murder.

Condonation of Delay, Supreme Court, Murder Conviction, Section 302 IPC, Section 304 Part II IPC, Culpable Homicide, Legal Aid, Criminal Appeal.