Conditions need to be satisfied for bringing the case within the exceptions to murder

Barathkumar K M | Sastra Deemed to be University Thanjavur | 29th June 2020

Nandlal Baviskar Vs Dilip Waman Baviskar

Facts:

The appellant and the respondent were close relatives. The respondent built a common wall between the houses of the appellant and the respondent. The respondent demanded the appellant to give some money for the construction. The appellant went to the respondent’s house with two other men along with a weapon. While Gopichand, Dilip and Lakhichand saw the appellant and other two men along with a weapon, Gopichand and Dilip ran away but Lakhichand could not. The appellant and the other two men attacked Lakhichand, he was seriously injured and later he died. The murder case was filed against the appellant along with the two other men under sec 302 read with sec 34 of IPC. The trial court gave life imprisonment to all three men. The appellant approached the High Court; the High Court confirmed the judgment of the trial court and gave life imprisonment to all the three. The present appeal has been filed by the appellant for challenging the High Court order.

Issue:

• Whether this case comes under Exception 4 to section 300 of IPC or not?

Appellant’s argument:

The appellant stated that it was a sudden fight and sudden quarrel. The appellant and the other two men had no intention to attack Lakhichand. Therefore, this event comes under the Exception 4 to section 300 of IPC

Defendant’s argument:

The defendant stated that it was not a sudden fight and quarrel; it was a well-planned attack. So it doesn’t come under the Exemption 4 to section 300 of IPC.

Observation:

The court observed that for Exemption 4 to section 300 of IPC, the following conditions should be fulfilled:

1. It should be a sudden fight in the heat of passion
2. It should be a sudden quarrel
3. Without the offender’s having taken undue advantage
4. The accused had not acted in a cruel manner

In this case, there is a heat of passion and hence there is no time for the passions to cool down and also there is a sudden fight and sudden quarrel. Hence, this case comes within Exception 4 to section 300 of IPC. 

Judgment:

The Hon’ble Supreme Court held that this case comes within the Exception 4 to section 300 of IPC and reduced the punishment from life imprisonment to twelve years.