LexGOPAL versus STATE OF MAHARASHTRA
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I GOP AL A V. STATE OF MAHARASHTRA OCTOBER 12, 2007 [DR ARIJIT PASAYAT AND LOKESHW AR SING HP ANT A,JJ.] B ) Penal Code, 1860; Exception 4 to Section 300, Sections 302 and 304 Part-I: c Culpable Homicide not amounting to murder-Quarrel between husband and wife-Husband attacking wife with a log of wood in presence of their children-Wife succumbed to injuries in a Hospital- F.I.R. -lnvestigation-Charge sheet-Trial Court found accused husband guilty of committing offence punishable u/s. 302 !PC and I) sentenced him accordingly-Affirmed by High Court-On appeal, Held: To bring a case within Exception 4 to Section 300 !PC all ingredients mentioned therein must be found-It is not sufficient to show that there was a sudden quarrel and there was no premeditation- Besides, it must also be shown that the offender has not taken undue E advantage and acted in cruel/unusual manner-In the facts and circumstances oft he case, Ex:ception 4 to Section 300 !PC attracted- Hence the conviction altered from Section 302 to Section 304 Part-I !PC-Custodial sentence altered to ten years. Words and Phrases: 'sudden.fight' and 'undue advantage '-Meaning of in the context of Exception 4 to Section 300 !PC F On the fateful day, appellant-husband and deceased-wife quarreled in the presence of their children, PW4 and PW 5. The G appellant attacked the deceased with a wooden log on her head, as a result she sustained bleeding injuries. PW 4 went running to caJJ his maternal aunt, P.W.1. On seeing P.W.1, the appellant fled from the house. The deceased was shifted to the hospital, where she 173 H 174 SUPREME COURT REPORTS [2007] 11 S.C.R. A succumbed to her injuries. P.W.1 lodged a complaint in the Police Station. Police registered a case against the accused for committing the offence punishable u/s. 302 IPC. After completion of the investigation, charge-sheet was filed by the Police against the accused-appellant. The trial Court found the accused guilty of B committing the offence punishable u/s. 302 IPC and sentenced him accordingly. The appeal filed thereagainst was dismissed by the High Court. Hence the present appeal. Accused-appellant contended that as per prosecution version, the assault was made in the course of sudden quarrel and by a piece C of wood blow was given and, therefore, s. 302 IPC has no application, and Exception 4 to s. 300 IPC applies. Partly allowing the appeal, the Court HELD: 1.1. For bringing in operation of Exception 4 to Section D 300 IPC it has 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 having taken undue advantage and not having acted in a cruel or unusual manner. [Para 9] (178-A-B) E 1.2. The Fourth Exception of Section 300, IPCcovers acts done in a sudden fight. The said 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 F 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. [Para 10] (178-C-D) 1.3. In fact Exception 4 deals with cases in which G 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. A 'sudden fight' implies mutual provocation and blows on each side. The H ·homicide committed is then clearly not traceable to unilateral .\ ;- GOPAL v. STATE 175 provocation, nor in such cases could the whole blame be placed on A one side. For if it were so, the Exception more appropriately applicable would be Exception 1. [Para 10] (178-D-F] 1.4. The help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight; (c) without the B 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. [Para 10] (178-G-H; 179-A] 1.5. A fight is a combat between two or more persons whether C with
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