'Single Injury' In Rage Of Sudden Quarrel Not Murder: Tripura High Court Converts Husband's Conviction to Culpable Homicide
The Tripura High Court held that a single blow inflicted during a sudden quarrel, without prior intention does not amount to murder under Section 302 of the Indian Penal Code. Further the Court observed that the relationship between the husband and his wife was strained and they often got into fights and that the act on the part of the appellant was in course of sudden quarrel and and in the...
The Tripura High Court held that a single blow inflicted during a sudden quarrel, without prior intention does not amount to murder under Section 302 of the Indian Penal Code.
Further the Court observed that the relationship between the husband and his wife was strained and they often got into fights and that the act on the part of the appellant was in course of sudden quarrel and and in the heat of the moment he gave a single blow.
The Court found absence of clear intent and mens rea to cause death.
Thus, the Court converted the conviction to culpable homicide not amounting to murder under Section 304 Part I IPC and also reduced the sentence.
A Division Bench of Justice Dr.t. Amarnath Goud and Justice S.Datta Purkayastha remarked that: “There is a single injury caused by the appellant out of rage during an altercation with the deceased. There is nothing on record to demonstrate that the appellant had an intention to cause death. It can be concluded that there was absence of motive and prior intention to kill. Accordingly, there is no clear intent and mens rea to prove murder, and the conviction is liable to be converted to Section 304(1) IPC.”
Background:
The appellant challenged the the Sessions Judge, Gomati District, Udaipur, whereby he was convicted under Section 302 IPC and was sentenced to suffer rigorous imprisonment for life.
The prosecution alleged that the appellant killed his wife by hitting her with a lathi.
The appellant contended that the incident occurred during a sudden quarrel and at the best case falls under Section 304 Part I of the IPC which deals with punishment for culpable homicide not amounting to murder.
Case Name: Sri Bir Manik Jamatia v/s The State of Tripura
Case No.: Crl. A(J) No. 55 of 2024
Date of Decision: 07.01.2026
For the applicant/appellant: Mr.Mr. P. Majumder, Legal Aid
Counsel
For the Respondents: Mr. Raju Datta, PP