SURINDER KUMAR versus UNION TERRITORY, CHANDIGARH

Citation: [1989] 1 S.C.R. 941 · Decided: 08-03-1989 · Supreme Court of India · Bench: S. NATARAJAN · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

.'4 
SURINDER KUMAR 
A 
v. 
UNION TERRITORY, CHANDIGARH 
MARCH 8, 1989 
[S. NATARAJAN AND A.M. AHMADI, JJ.] 
B 
)( 
Indian Penal Code, 1860---Section 300 Exception 4----lngredients 
--'.( ~ 
of-On sudden quarrel person picks up weapon which is handy and 
inflicts injuries, one of which is fatal-Provision applicable. 
The deceased and his brother P. W. 2 were sharing accommoda- c 
tion with P. W. 4 as a tenant on the 1st Floor of a house in Chandigarh. 
~ 
The father of the appellant also occupied two rooms on the same floor as 
a tenant. As a marriage was scheduled in the family of the appellant's 
father a request was made to P.W 4 to permit the use of the kitchen for 
a few days. The possession of the kitchen was delivered on a clear 
understanding that it would be returned to P.W. 4 after the marriage. 
D 
The possession of the kitchen was however not delivered to P. W. 4 and 
that led to the quarrel. The deceased and his brother P. W. 2 had an 
heated argument with the appellant in regard to the return of the 
'>\ 
kitchen. P. W. 2 was alleged to have showered filthy abnses in the pre-
sence of the appellant's sister, and taken out a pen knife from his pocket 
and also threatened to throw out the ntensils and lock up the kitchen. 
E 
The appellant got enraged, went into the kitchen and returned with a 
..._ 
knife with which he inflicted one blow on the nec.k of P. W. 2 causing a 
bleeding injury and also inflicted three knife blows to the brother of 
P. W. 2 as a result whereof he collapsed on the floor and later died while 
' 
on the way to the hospital. 
F 
t 
The appellant was convicted hy the Sessions Judge under Section 
302, Indian Penal Code and his conviction having been upheld by the 
High Court, be preferred an appeal by special leave to this Court. It 
was contended for the appellant that there was no previous ill-will 
between the parties, on the contrary the relations were cordial and the 
appellant was not the one who had started the quarrel but he acted in 
G 
the heat of passion during a sudden quarrel without any premeditation 
~ and hence Exception 4 to Section 300, I.P.C. was applicable. On the 
other hand counsel for the State argued that the High Court had rightly 
held that the appellant had acted in a cruel ·and unusual manner and 
was not entitled to the benefit of the said Exception, and that the three 
injuries inflicted showed that the appellant had acted in a cruel manner. 
H 
941 
942 
SUPREME COURT REPORTS 
[1989] 1 S.C.R. 
A 
Partly allowing the appeal, this Conrt, 
HELD: To invoke Exception 4 to Section 300 I.P.C. four require-
ments most be satisfied, namely (i) it was a sudden fight; (ii) there was 
no premeditation; (iii) the act was done in a heat of passion, and (iv) the 
assailant had not taken any undue advantage or acted in a cruel 
B manner. The cause of the quarrel is not relevant nor is it relevant who 
offered the provocation or started the assault. The number of wounds 
caused during the occurrence is not a decisive factor but what is impor-
tant is that the occurrence must have been sudden and unpremeditated 
and the offender must have acted in a fit of anger. [945B-D I 
C 
Where, on a sudden quarrel, a person in the heat of the moment 
picks up a weapon which is handy and causes injuries, one of which 
proves fatal, he would be entitled to the benefit of this Exception pro-
vided he has not acted cruelly, [9450-E] 
In the instant case, after P. W. 2 and his deceased brother entered 
D the room of the appellant and uttered filthy abuses in the presence of 
the latter's sister, tempers ran high and on P.W. 2 taking out a pen 
knife, the appellant picked np the knife from the kitchen, ran towards 
P. W. 2 and inflicted a simple injury on his neck. It would be reasonable 
to infer that the deceased must have intervened on the side of his 
brother P. W. 2 and in the course of the scuffie he received injuries, one 
E of which proved fatal. Under these circumstances, it is proper to convict 
the accused under Section 304, Part 1, I.P.C. and direct him to suffer 
rigorous imprisonment for 7 years. [94'iC-E] 
F 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 530 of 1978 
From the Judgment and Order dated 13.9.1978 of the Punjab 
and Haryana High Court in Criminal Appeal No. 1154 of 1975. 
M.L. Verma, S.K. Bagga and Mrs. S. Bagga for the Appellant. 
G 
Tara Chand Sharma and Miss A. Subhashini for tne Respondent. 
The Judgment of the Court was delivered by 
AHMADI, J. T

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