Difference Between Section 302 And 304 0f IPC

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 3rd June 2020

Ahmed Shah And Others V. State Of Rajasthan (Criminal Appeal No. 17/2009)

Facts: 

In the present case, the number of accused were seven in number. The accused were in to take the property of the claimant. The accused tried to frighten the complainant which were 3 in number. The accused went to the fields of the complainant which they wished to take. Due to heat of the moment, the accused used the weapons they had with them. Due to this. The claimant and his partners who were there in the scenario, two of them died. It was found that those two people died due to the injuries by the accused.

Issue: 

Whether the accused were guilty under Section 302, IPC?

Provisions

• Section 300 Murder
• Section 300 Exception 4- Murder caused without premeditation
• Section 302- Punishment of murder’
• Section 304- Punishment for culpable homicide not amounting to murder.

Judgment: 

The court convicted the accused but, it was held that they will not be convicted for charges under Section 302 but under Section 304 because the present falls under the exception 4 of Section 300. There was no premeditation to cause death of ay of the person with those weapons. The accused and the claimant used to remain involved in such heated arguments previously too.

In the higher court, the court observed the accused had an idea and he knew that the weapon which he had if he used it on the neck, it would cause death. The death was not sudden, the person or the accused had the knowledge of it. Therefore, the accused was convicted for murder only the charges were changed from 304 to 302.

Analysis

Only the intention or knowledge of the accused are capable of changing the offence of the accused. It depends on the mens rea of the accused and also on the evidences that are found by the court.