Conviction for murder in a land-dispute stabbing was altered to culpable homicide not amounting to murder under Section 304 Part I, as the killing occurred during a sudden quarrel; other convictions and sentences were upheld.
Conviction under Section 302 altered to Section 304 Part I IPC; sentence reduced to 10 years' custody; other convictions and sentences upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2008] 11 S.C.R. 85
SHAMBHOO SINGH
A
II.
STATE OF RAJASTHAN
(Criminal Appeal No. 1134 of 2008)
..J
JULY 22, 2008
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.]
B
Penal Code, 1860:
ss. 304 (Part I) 447, 307 and 324 - Death and injuries C caused - Land dispute between the accused and complainant parties - Occurrence took place during quarrel and exchange of hot words- Conviction by Courts below u/s 302, 447, 307 and 324 - On appeal, held: In view of the fact that the occurrence took place during course of sudden quarrel, con- D viction uls 302 altered to one uls. 304 (Part I) - Conviction under other provisions not interfered with - Sentence of life imprisonment altered to custodial sentence of 10 years.
D
s. 300 Exception 4 - Applicability of - Discussed.
E
s. 300 - Exception 1 and Exception 4 - Distinction between - Discussed.
Words and Phrases - 'Sudden quarrel' - Meaning of - In the context of s. 300 /PC. ·
F
Appellant-accused was prosecuted for having caused death of a person and causing injuries to eyewitnesses. As per prosecution, when the deceased was ploughing his field and other eye-witnesses, brothers, father and mother of the deceased were working in the G field, appellant-accused alongwith his mother and father came and objected to their ploughing the field. A quarrel ensued and there were exchange of hot words. Appellant, then stabbed the deceased. He also assaulted the
85
H
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SUPREME COURT REPORTS
[2008] 11 S.C.R.
;;ol.
A eye-witnesses causing injuries to them. Trial Court placing reliance on the evidence of the injured eye-witnesses convicted the appellant-accused u/ss. 302, 447, 307 and 324 IPC. For the offence u/s 302 he was sentenced to life imprisonment. High Court confirmed the conviction and B sentence.
c
In appeal to this court appellant contended that his conviction u/s 302 IPC was not called for as the occurrence took place during the course of sudden quarrel.
Partly allowing the appeal, the Court
)..
HELD: 1. In the background facts, the appropriate conviction would be under Section 304 Part I, IPC. Custodial sentence of 10 years would meet the ends of justice. The conviction in respect of other offences and the D sentences imposed do not suffer from any infirmity to warrant interference. [Para~ 8] [92-D & E]
2.1 For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was comEmilted without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner. For the application of Exception 4, it is not sufficient to show that there was a sudden Fquarrelandtherewasnopremeditation.It must further be shown that the offender has not taken undue advan-
tage or acted in cruel or unusual manner. The expression "undue advantage" as used in the provision means "un-· fair advantage". [PMas 6 and 7] [90-G,H;91-A; 92-B & C]
G 2.2 The Fourth Exception deals with a case of prosecution not covered by the First Exception, after which its place would have been more appropriate. The Exception is founded upon the same principle, for in both, there is absence of premeditation. But, while in the case of ExHception 1 there is total deprivation of self-control, in case
G
y
SHAMBHOO SINGH v. STATE OF RAJASTHAN
87
of Exception 4, there is only that heat of passion which clouds men's sober reasons and urges them to deeds which they would not otherwise do. There is provocation in Exception 4 as in Exception 1; but the injury done is not the direct consequence of that provocation. In fact Exception 4 deals with cases in which notwithstanding that a blow may have been struck, or some provocation given in the origin of the dispute or in whatever way the quarrel may have originated, yet the subsequent conduct. of both parties puts them in respect of guilt upon equal footing. [Paras 7] [91-A,B,C & D]
2.3 A "sudden fight" implies mutual provocation and blows on each side. The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side. For if it were so, the Exception more appropriately applicable D would be Exception 1. There is no previous deliberation or determination to fight. There is then mutual provocation and aggravation, and it is difficult to apportion the share of blame which attaches to each fighter. Heat of passion requires that there must be no time for the passions to cool down and in this case, the parties have worked themselves into a fury on account of the verbal altercation in the beginning. A fight is a combat between two or more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. [Paras 7] [91D,E,F; 92-A & B]
A
B
c
E
F
CRIMINALAPPELLATE JURISDICTION : Criminal Appeal No. 1134 of 2008
From the Judgment and final Order dated 3.1.2007 of High Court of Judicature for Rajasthan at Jodhpur in D.B. Crl. Appeal No. 531n003
Shiv Kumar Suri for the Appellant.
Ansar Ahmad Chaudhary for the Respondent.
H
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[2008] 11 S.C.R.
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The Judgment of the Court was delivered by
Dr. ARIJIT PASAYAT, J. 1. Leave granted.
E On 3.8.1999, Vaje Singh (PW-1) lodged a First Information Report at Police Station Pahara stating, inter-alia that in the morning at about 9.00 a.m. his brother Jawan Singh (hereinafter referred to as the 'deceased') was ploughing the field. He alongwith his father Guiab Singh and elder brother Ram F Singh was working in the field. At that time, his neighbour appellant Shambhoo Singh, his father Som Singh and mother Smt. Jeevi arrived there abusing them. Appellant Shambhoo Singh was carrying knife in his hand. Som Singh and Smt. Jeevi were carrying lathis. They challenged them and questioned as to how they were ploughing the field of their possession. There ensued G a quarrel and exchange of hot words. Appellant Shambhoo Singh stabbed the knife on the chest of Jawan Singh. He caused another injury by knife on the stomach. On intervention by his father, appellant Shambhoo Singh caused injury by knife. He also caused injuries to his mother Smt. Shanta and elder brother H Ram Singh. Appellant Shambhoo Singh also caused injuries to
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SHAMBHOO SINGH v. STATE OF RAJASTHAN [DR. ARIJIT PASAYAT, J.]
.;
him. Jawan Singh succumbed to the injuries on the spot. It wasA stated that there was a land dispute between them, which led to the unfortunate incident.
On this information, police registered a case and proceeded with the investigation. The post-mortem of the dead B body was conduced by Dr. Mahendra (PW-17) on the spot vide Ex.P-42. He noticed the following injuries on his person:
c
On exploration - There is a wound of 1.55. cm x 1.0 cm x 2 cm deep left ventricle of the Heart. Cavity full of Blood.
)
E
The cause of death was shock due to severe bleeding following stab wound to chest and abdomen. The injured persons namely PW-1 Vaje Singh, PW-10 Guiab Singh G and PW-3 Smt. Shanta were sent to the hospital. Their injuries were examined by PW-1 I, Dr. B.P. Verma. He examined the injuries of PW-1 Vaje Singh vide Ex. P-12 and noticed the following injury on his person: Incised wound 4 x 2 x 11 /2 cm on left gluteus. H
H
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. SUPREME COURT REPORTS
[2008] 11 S.C.R.
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B
.He also examined the i.njuries of PW-10 Gui.ab Singh vide Ex.P -11 and noticedthe following injuries:
Stab wound transversely with bleeding on left intra mammary region 4x 1. x plural cavity deep surgical em pug sema left side.
He also examined the injuries of PW=-3 Smt Shanta vide · Ex. P'.'"13 and noticed the following injuries:
)o.-
Incised wound 1 Yz x 1/2 x Yz cm on-Right-arm M/3·rd Ant.
c After usual investigation, thE? police .laid charge sheet against appellant Shambhoo Singh, his father Som Singh and mother Smt. Jeevi for offence under Sections 302, 307, 326. 324, 447/34 IPC. The accused pers6hs pleaded not guilty of the charges levelled against them and claimed trial.
o·
·The trial Court placing reli~nce on the evidence' of PWs 1 , 2, 3 iand 10 found the evidence to be credible ·and cogent. It founc;I the evidence of the injured witness to .be ~ithout any blemish. Accordingly, the trial Court recorded the convic;;tion and sentence as afore-noted.
E
F
In appeal before the High Court, the primary stand taken. was that the ocular evidence does not inspire corro.boration. It was submitted that in any event offence punish.able under Section 302 IPC is not made out as the occurrence occurred in course of sudden quarrel. The High Court did not find any substance and dismissed the appeal.
SHAMBHOO SINGH v. STATE OF RAJASTHAN 91 [DR ARIJIT PASAYAT, J.]
. premeditation, in a sudden fight in the heat of passion upon a A sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner.
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[2008] 11 S.C.R.
A occurring in Exception 4 to Section 300 IPC is not defined in IPC. It takes two to make a fight. Heat of passion requires that there must be no time for the passions to cool down and in this case, the parties have worked themselves into a fury on account of the verbal altercation in the beginning. A fight is a corns bat between two or more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case. For the application of c Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation. It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner. The expression "undue advantage" as used in the provision means "unfair advantage".
D 8. In the background facts as considered in the light of evidence the inevitable conclusion is that the appropriate conviction would be under Section 304 Part 1, IPC. Custodial sentence of 10 years would meet the ends of justice. The conviction in respect of other offences and the sentences imposed do E not suffer from any infirmity to warrant interference. The sentences shall run concurrently.
K.K.T.
Appeal partly allowed.
, ;r I
1 issue framed by the court
Whether conviction under Section 302 IPC should be altered to Section 304 Part I on account of the occurrence arising from a sudden quarrel.
6 provisions across 1 enactments
Shambhoo Singh
State of Rajasthan
Arijit Pasayat
Mukundakam Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
