The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but deterrence became imperative necessity under certain circumstances – Expressing undue sympathy by imposing inadequate sentence harms justice system by causing the erosion of public confidence in efficacy of law – Held, undue sympathy expressed by the high court unsustainable and order liable to be quashed and set aside thereby restoring the original sentence imposed by lower courts – Appeal allowed. State of Punjab v. Dil Bahadur, 2023 LiveLaw (SC) 267 : AIR 2023 SC 1767 : (2023) 3 SCR 766 Section 299 - Culpable homicide Penal Code, 1860; Section 299, 300 - Distinction between murder and culpable homicide not amounting to murder - Locus classicus on the issue viz. Virsa Singh v. State of Punjab [1958] S.C.R. 1495. (Para 16-17) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 : AIR 2023 SC 643 : 2023 Cri LJ 1649 : (2023) 1 SCR 241 Section 300 - Murder Penal Code, 1860; Sections 300 Exception 4, 302 and 498A - The exception clearly in unequivocal term states that it would be applicable where culpable homicide is committed not only without premeditated mind in a sudden fight or quarrel but also without the offender taking “undue advantage” of the situation. In the instant case, the appellant upon seeing the deceased drenched in kerosene clearly took advantage of the situation and lighted a matchstick and threw it upon her so that she can be burnt. The appellant having taken “undue advantage” of the situation cannot be extended the benefit of Exception 4 to Section 300 IPC so as to bring the case within the ambit of Part II of 304 IPC. (Para 21) Anil Kumar v. State of Kerala, 2023 LiveLaw (SC) 948 : : AIR 2023 SC 5512 : (2024) 1 SCC 327 : 2024 CriLJ 199 Penal Code, 1860; Sections 300 Exception 4, 302 and 498A - The First Information Report and the dying declarations on record clearly contain the statement of the deceased that when she had poured kerosene upon herself to deter the appellant from fighting and assaulting, he lighted a matchstick and with the intention to kill her, threw it upon her by saying “You Die”. The aforesaid evidence clinches the issue and establishes beyond doubt that the appellant is guilty of the offence of culpable homicide amounting to murder and is not entitled to benefit of the Exception 4 to Section 300 IPC. (Para 23 & 24) Anil Kumar v. State of Kerala, 2023 LiveLaw (SC) 948 : : AIR 2023 SC 5512 : (2024) 1 SCC 327 : 2024 CriLJ 199 Penal Code, 1860; Section 300 - the sine qua non for the application of an Exception to Section 300 always is that it is a case of murder but the accused claims the benefit of the Exception to bring it out of that Section and to make it a case of culpable homicide not amounting to murder. (Para 57) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 Penal Code, 1860; Exception 4 to Section 300 - Essential requirement - Four conditions must be satisfied to bring the matter within Exception 4 - (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in the heat of passion; and; that (iv) the assailant had not taken any undue advantage or acted in a cruel manner - On a plain reading of Exception 4, it appears that the help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight, (c) without the offenders having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. To bring a case within Exception 4 all the ingredients mentioned in it must be found. (Para 58 & 59) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 Penal Code, 1860; Exception 4 to Section 300 - It is very difficult to accept the submission that the case would fall within the Exception 4 to Section 300 of the IPC and such benefit be extended to the accused. Assuming for the moment that the incident had occurred in the heat of the moment and fight was also sudden, we should not overlook the fact that the appellants herein inflicted as many as nine blows with a dangerous weapon on the deceased who was unarmed and was helpless. For cases to fall within clause (3) of Section 300 of the IPC, it is not necessary that the offender intended to cause death, so long as the death ensues from the intentional bodily injury or injuries sufficient to cause death in the ordinary course of nature. (Para 61) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279 : AIR 2023 SC 1736 Penal Code, 1860; Section 300 - The requirement of Section 300 thirdly is fulfilled if...

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

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