LexBYVARAPU RAJU versus STATE OF ANDHRA PRADESH AND ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
,.. .i BYV ARAPU RAJU A v. STA TE OF ANDHRA PRADESH AND ANR. MAY28, 2007 B [DR. ARIJIT PASAYAT AND D.K. JAIN, JJ.] Penal Code, 1860: ss.300 Exception 4, 304 Part I and 201-Prosecution for murder- c Conviction by Courts below u!ss. 302 and 201-0n appeal, held: Jn the facts of the case Exception 4 to s. 300 applicable-Hence conviction altered to under s. 304 Part I-Conviction uls 201 upheld s. 300 Exception 4-Applicabi/ity of-Discussed. D ' s. 300 Exception I and Exception 4-Distinction between. Words and Phrases-'Sudden fight' and 'undue advantage'-Meaning of in the context of s. 300 Exception 4 of Penal Code, I 860. Accused 1 (appellant) and accused-2 (mother ofaccused-1) were charged E for having caused death of a person (father of accused-1 and husband of accused-2). According to prosecution, accused had told PW-6 and PW-2 that he and his mother had hacked the deceased as he had come in an intoxicated condition and was beating his mother (accused No.2). Trial Court convicted both the· accused u/s 302 read with Section 34 and u/s 201 read with Section Fi 34 IPC. In appeal High Court acquitted Accused 2 of the charges and convicted the appellant-accused u/ss. 302 and 201 IPC. In appeal to this Court appellant contended that since the incident took place during the course of sudden quarrel, Section 302 IPC had no application. Partly allowing the appeal, the Court G HELD: I. I. For bringing in operation of Exception 4 to Section 300 lPC ~ ithas to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender 815 H . ( 816 SUPREME COURT REPORTS [2007) 7 S.C.R. A having taken undue advantage and not having acted in a cruel or u11usual manner. f Para 6) 1819-C-DI 1.2. The Fourth exception to Section 300 deals with a case of prosecution not covered by the first exception, after which its place would have bee11 more appr_opriate. The exception is fC)unded _upon the same principle, for i11 both B there is absence of premeditation. But, while in the case of Exception 1 there is total deprivation of self-control, in case 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 ''as in Exception 1; but th'e injury done is not the direct consequence of that C provocation. Jn fact Exception 4 deals with cases in which notwithstanding that a blow may have been struck, or some provocation given in origin of the dispute or in whatever way the quarrel may have originated, yet the subs.:quent conduct of both parties puts them in respect of guilt upon equal footing. [Para 71181 !Jt..D-FI D 1.3. A 's~dden fight' implies mutual provocation and blows on each side. _ The bomicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side. For it wc~re so, the Exception more appropriately applicable would be Exception I. Tl11ere is no previous deliberation or determination to fight A fight suddenly takes place, E for which both parties are more or less to be blamed. It may be that cine of them starts it, but if the other had not aggravated it by his own conduct it would not have taken the serious turn it did. There is then mutual prov0<:ation and aggravatiQn, and it is difficult to apportion the share of blame ~vhich attaches to each fighter. The help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight; (c) without the F offender's'. having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. To bring a case within Exception 4 all the ingredients mentioned in it must be found~ It is to be noted that the 'fight' occurring in Exception 4 to Section 300, llPC is not defined in the IPC. It takes two to make a fight Heat of passion requires G 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 and more persons wht?ther 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 wh1ether a quarrel is sudden or not must necessarily depend up
Excerpt shown. Read the full judgment & AI analysis in Lexace.