Death By A Hammer Blow On Head: Jharkhand High Court Says Culpable Homicide On Sudden Provocation Not Murder, Intention To Kill Not Shown

The Jharkhand High Court recently set aside the murder conviction of a man who caused the death of his uncle by giving a blow of hammer on his head, stating that 'culpable homicide' committed without premeditation in the heat of passion upon a sudden quarrel, where the offender does not take 'undue advantage nor acts cruelly', does not constitute murder.

The Division Bench of Justice Ananda Sen and Justice Subhash Chand concluded that the case falls within Exception (4) of Section 300 of IPC and is therefore covered under Section 304 Part-II of the Code which penalises culpable homicide not amounting to murder if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death.

The bench was hearing an appeal against a trial court's conviction order under Section 302 IPC. The court noted, “As per exception 4 of Section 300 IPC, a culpable homicidal is not a murder, if it is committed without premeditation in a sudden fight in the heat of a passion upon a sudden quarrel. Thus, if a culpable homicidal is committed without any premeditation in a heat of passion upon sudden quarrel and the offender does not take any undue advantage nor acts in a cruel manner, the said death will not be covered under Section 300 IPC.”

According to the factual matrix of the case, the informant received news from one of his father's coworkers that his father was unwell and was being taken to the hospital. Upon reaching the hospital, the informant discovered his father unconscious. The father succumbed to his injuries during treatment. The informant was later informed that his father had been struck on the head with a hammer by the appellant, who is the informant's cousin. Consequently, an FIR was registered against the appellant for the offense under Section 302 IPC. The trial court initially convicted the appellant under this section.

The appellant contended that the case did not warrant a conviction under Section 302 IPC, citing the presence of only a single injury corroborated by medical evidence. Furthermore, the appellant was suffering from schizophrenia.

The State, however, argued that the eyewitness's testimony clearly indicated the appellant struck the fatal blow, and there were no contradictions in the eyewitness's statements. The State also dismissed the appellant's mental illness as irrelevant to the case.

In reviewing the evidence presented by both parties, the Court noted that it was an admitted case by the prosecution that an altercation suddenly erupted between the deceased and the appellant. During this altercation, the appellant took a hammer and delivered a blow to the head of the deceased.

The Court observed, “it is clear that there was no intention of causing death of the deceased by the appellant. There was sudden quarrel and in the heat of the passion and without any premeditation, the blow was given with hammer on the head of the deceased.”

The Court further emphasised, “the evidence of the eye witness and also from the medical evidence that only one blow was given on the head of the deceased, which also suggests that there was no premeditation or intention to commit murder. Thus, we hold that this case will fall within Exception (4) of Section 300 of the Indian Penal Code...We hold this because, we found from the evidence and the materials, there was no intention to commit murder. Accordingly, we set aside the conviction of the appellant under Section 302 of the Indian Penal Code and convict him under Section 304 Part-II of the Indian Penal Code and sentence him to undergo rigorous imprisonment for ten years.”

Since the appellant had already been in custody for more than ten years and had served the sentence under Section 304 Part-II of the Indian Penal Code, the Court directed that the appellant be released forthwith from custody, provided he was not required in any other case. Accordingly, the Criminal Appeal was partly allowed.

Case Title: Sri Ram Sharma V. State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 95

Click Here To Read / Download Judgement