Murder Case | 'Cruel' Is Relative Term; If Its Ordinary Meaning Is Used, Exception 4 Of S.300 IPC Can Never Be Applied : Supreme Court

The Supreme Court observed that the term 'cruel' in exception 4 to Section 300 of IPC is a relative term.

"Exception 4 applies when a man kills another. By ordinary standards, this itself is a cruel act...... If we assign a meaning to the word ‘cruel’ used in exception which is used in common parlance, in no case exception 4 can be applied", the bench of Justices Abhay S. Oka and Sanjay Karol observed.

In this case, the accused who was Lance Naik in the Indian Army was convicted by the Court Martial for the offence punishable under Section 302 of the IPC read with Section 69 of the Army Act, 1950. In this appeal before the Apex Court, the accused contended that his case will be governed by exception 4 to Section 300 of IPC as the incident was an outcome of a sudden fight and he acted in a heat of passion. On the other hand, the Union of India contended that exception 4 to Section 300 will not apply in this case, as it cannot be said that there was a sudden fight and that the accused acted in a cruel manner.

Taking note of the evidence on record, the bench observed that the appellant cannot be said to have acted in such a cruel manner which will deprive him of the benefit of exception 4 to Section 300 of IPC.

"The term cruel manner is a relative term. Exception 4 applies when a man kills another. By ordinary standards, this itself is a cruel act. The appellant fired only one bullet which proved to be fatal. He did not fire more bullets though available. He did not run away and he helped others to take the deceased to a hospital. If we assign a meaning to the word ‘cruel’ used in exception 4 which is used in common parlance, in no case exception 4 can be applied.

Therefore, in our view, exception 4 to Section 300 was applicable in this case. Therefore, the appellant is guilty of culpable homicide not amounting to murder. The appellant snatched the rifle from the hands of the deceased and fired one bullet at the deceased. This act was done with the intention of causing such bodily injury to the deceased as was likely to cause death. Therefore, the first part of Section 304 of IPC will apply in this case. Under the first part of Section 304 of IPC, an accused can be punished with imprisonment for life or with imprisonment for a term which may extend to 10 years.", the court said while partly allowing the appeal.

The court added that the conduct of the appellant will be a mitigating factor for determining the sentence and thus reduced the sentence to imprisonment for the term which he has already undergone.

Case details

L/Nk Gursewak Singh vs Union of India | 2023 LiveLaw (SC) 571 | 2023 INSC 648

Headnotes

Indian Penal Code, 1860 ; Exception 4 to Section 300 - The term 'cruel manner' is a relative term. Exception 4 applies when a man kills another. By ordinary standards, this itself is a cruel act - If we assign a meaning to the word ‘cruel’ used in exception which is used in common parlance, in no case exception 4 can be applied. (Para 11)

Indian Penal Code, 1860 ; Section 302 and 304 Part 1 - Appellant's conviction altered from from S 302 IPC to S 304 Part 1 IPC. 

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