Holding

The Court held that all ingredients of Exception 4 to Section 300 IPC were satisfied, so the conviction must be under Section 304 Part I IPC, not Section 302 IPC.

Summary

Gopal, the husband, assaulted his wife with a wooden log during a quarrel witnessed by their children, causing fatal head injuries. He was initially convicted under Section 302 IPC for murder and sentenced accordingly, a decision upheld by the High Court. Gopal appealed, contending that the killing occurred in a sudden fight without premeditation, undue advantage, or cruelty, thus falling under Exception 4 to Section 300 IPC (culpable homicide not amounting to murder). The Supreme Court examined the requirements of Exception 4, emphasizing that all its ingredients—absence of premeditation, a sudden fight, no undue advantage, and no cruel or unusual manner—must be proven. Finding that the facts satisfied these conditions, the Court altered the conviction to Section 304 Part I IPC and reduced the sentence to ten years, partially allowing the appeal.

Issues considered

Whether the homicide committed by the appellant falls within Exception 4 to Section 300 of the Indian Penal Code.
Whether the elements of sudden quarrel, lack of premeditation, no undue advantage, and absence of cruelty are satisfied.
Whether the conviction should be under Section 302 IPC or Section 304 Part I IPC.

Legislation cited

Indian Penal Code, 1860s. 300, s. 302, s. 304(Part-I)

Subjects

Exception 4Section 300 IPCculpable homicide not amounting to murdersudden quarrelundue advantagecruel and unusual mannerconviction alterationIndian Penal Code

Judgment

I
GOPAL A
V.
STATE OF MAHARASHTRA

OCTOBER 12, 2007
B
[DR ARIJIT PASAYAT AND LOKESHWAR SINGHPANTA,JJ.]

) Penal Code, 1860; Exception 4 to Section 300, Sections 302 and
304 Part-I:
c
Culpable Homicide not amounting to murder-Quarrel between
husband and wife-Husband attacking wife with a log of wood in
presence oftheir children-Wife succumbed to injuries in a Hospital-
F.I.R. -lnvestigation-Charge sheet-Trial Court found accused
husband guilty of committing offence punishable u/s. 302 !PC and I)
sentenced him accordingly-Affirmed by High Court-On appeal,
Held: To bring a case within Exception 4 to Section 300 !PC all
ingredients mentioned therein must be found-It is not sufficient to
show that there was a sudden quarrel and there was no premeditation-
Besides, it must also be shown that the offender has not taken undue E
advantage and acted in cruel/unusual manner-In the facts and
circumstances ofthe case, Ex:ception 4 to Section 300 !PC attracted-
Hence the conviction altered from Section 302 to Section 304 Part-I
!PC-Custodial sentence altered to ten years.
Words and Phrases: F
'sudden.fight' and 'undue advantage '-Meaning ofin the context
of Exception 4 to Section 300 !PC

On the fateful day, appellant-husband and deceased-wife
quarreled in the presence of their children, PW4 and PW 5. The G
appellant attacked the deceased with a wooden log on her head, as
a result she sustained bleeding injuries. PW4 went running to caJJ
his maternal aunt, P.W.1. On seeing P.W.1, the appellant fled from
the house. The deceased was shifted to the hospital, where she
173 H
174 SUPREME COURT REPORTS [2007] 11 S.C.R.
.\

A succumbed to her injuries. P.W.1 lodged a complaint in the Police
Station. Police registered a case against the accused for committing ;-
the offence punishable u/s. 302 IPC. After completion of the
investigation, charge-sheet was filed by the Police against the
accused-appellant. The trial Court found the accused guilty of
B committing the offence punishable u/s. 302 IPC and sentenced him
accordingly. The appeal filed thereagainst was dismissed by the High
Court. Hence the present appeal.
Accused-appellant contended that as per prosecution version,
the assault was made in the course of sudden quarrel and by a piece
C of wood blow was given and, therefore, s. 302 IPC has no application,
and Exception 4 to s. 300 IPC applies.
Partly allowing the appeal, the Court
HELD: 1.1. For bringing in operation of Exception 4 to Section
D 300 IPC it has to be established that the act was committed without
premeditation, in a sudden fight in the heat of passion upon a sudden
quarrel without the offender having taken undue advantage and not
having acted in a cruel or unusual manner. [Para 9] (178-A-B)
E 1.2. The Fourth Exception of Section 300, IPCcovers acts done
in a sudden fight. The said exception deals with a case of prosecution
not covered by the first exception, after which its place would have
been more appropriate. The exception is founded upon the same
principle, for in both there is absence of premeditation. But, while
F in the case of Exception 1 there is total deprivation of self-control,
in case of Exception 4, there is only that heat of passion which clouds
men's sober reasons and urges them to deeds which they would not
otherwise do. [Para 10] (178-C-D)
1.3. In fact Exception 4 deals with cases in which
G notwithstanding that a blow may have been struck, or some
provocation given in the origin of the dispute or in whatever way the
quarrel may have originated, yet the subsequent conduct of both
parties puts them in respect of guilt upon equal footing. A 'sudden
fight' implies mutual provocation and blows on each side. The
H ·homicide committed is then clearly not traceable to unilateral
GOPAL v. STATE 175

provocation, nor in such cases could the whole blame be placed on A
one side. For if it were so, the Exception more appropriately
applicable would be Exception 1. [Para 10] (178-D-F]
1.4. The help of Exception 4 can be invoked if death is caused
(a) without premeditation, (b) in a sudden fight; (c) without the B
offender's 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 10] (178-G-H; 179-A]
1.5. A fight is a combat between two or more persons whether C
with or without weapons. It is not possible to enunciate any general
rule as to what shall be deemed to be a sudden quarrel. It is a questioni
of fact and whether a quarrel is sudden or not must necessarily
depend upon the proved facts of each case.
[Para 10] [179-B-C] D
1.6. For the application of Exception 4, it is not sufficient to show
that there was a sudden quarrel and there was no premeditation. It ·
must further be shown that the offender has not taken undue
advantage or acted in cruel or unusual manner. The expression
'undue advantage' as used in the provision means 'unfair advantage'. E
[Para 10] (179-C-D]
2. When the factual scenario is considered in the light oflegal
principles, the inevitable conclusion is that Exception 4 to Section
300 IPC has application to the facts of the case. Hence, the conviction F
has to be made under Section 304 Part I IPC and not Under Section
302 IPC. The conviction is accordingly altered. Custodial sentence
of ten years would meet the ends of justice.
[Paras 10 and 11] [179-D-E)

Dhirajbhai Gorakhbhai Nayak v. State of Gujrat, (2003) 5 G
Supreme 223, relied on.

CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1428of2007.
H
-+
176 SUPREME COURT REPORTS [2007] 11 S.C.R.
~

A From the Judgment and final Order dated 25.1.2005 of the High
Court of Judicature at Bombay, Bench at Aurnngabad in Crl. A.No. 541
of2003.
G. Prakash for the Appellant.
B Ravindra Keshavrao Adsure for the Respondent.
~-
The Judgment of the Court was delivered by
-f
...
DR. ARIJIT PASAYAT, J. 1. Leave granted.

c 2. Challenge in this appeal is to the judgment of the Division Bench
of the Bombay High Court, Aurnngabad Bench, upholding the conviction
of the appellant for offences punishable under Section 302 of the Indian
Penal Code, 1860 (in short the 'IPC').
3. Background facts in a nutshell are as follows:
D
Paridharinath Vaidya (P.W.7), P. S. I. attached to M.l.D.C. Police
~
Station, Jalgaon, recorded the complaint of Sumanbai (P.W. 1) on 15th
June, 2002. On the basis of the said complaint, an offence vide crime .....
No.136 of2002, tinder Section 302 oflndian Penal Code, 1860 (in short :,.,
'IPC'), was registered. Inquest Panchanama came to be drawn in the
E
presence of Sunanda (P.W.2) of the dead body ofDevkabai (hereinafter
referred to as 'deceased'). The dead body was thereafter referred for
post-mortem examination and post-mortem was conducted by Dr.
Chaudhari (P.W.6). According to Dr. Chaudhari, the cause of death was
shock due to head injury. P. S. 1. Pandharinath Vaidya, thereafter, drew
F the scene of the offence Panchanama in the presence of Sanjay (P.W.3)
:,_-
and seized from the scene of the offence a wooden log, control soil and +-
blood mixed soil. He thereafter, recorded the statements of the two minor
sons of deceased Devkabai viz. Rahul (P.W.4) and Smnl (P.W.5). Clothes
of deceased Devkabai came to be seized by Panchanama. The Appellant
G was arrested and arrest Panchanama was drawn. The clothes, whlch were
on the person of the appellant, also came to be seized and the same are
-+
Article Nos. 5 and 6. The seized property was referred to the Chemical
Analyzer at Aurangabad vide requisition. Further to the completion of
investigation,' a charge sheet against the appellant, came to be filed.
H
GOPALv. STATE[PASAYAT, J.] 177
J
4. Prosecution version was as follows: A

Rahul (P.W.4) son of the appellant and deceased Devkabai, stated
that the appellant was unemployed and was addicted to liquor and would
pick up quarrels with deceased Devkabai often. On the day of the incident
Rahul (P. W.1) was sleeping on a clot alongwith his younger brother Sunil, B
(P.W.5). They were awakened on hearing the noise of quarrel between
the appellant and Devkabai. According to him, at that time, his mother·
was cooking and was preparing bread. The appellant dealt a blow of
wooden log on her head, as a result she sustained bleeding injuries. He
accordingly went running to call his maternal aunt Sumanbai (P. W.1 ). He
narrated the incident to her and along with her immediately rushed back C
to the house. On seeing Sumanbai (P.W.l), the appellant fled from the
house. Near to the scene of the offence the wooden log Article-3 was
lying. He noticed two bleeding injuries on the head of his mother Devkabai.
Devkabai was shifted to the hospital by Sumanbai (P. W.1) and Sunanda
(P.W.2). Devkabai succumbed to her injuries in the hospital. D
5. On the case being committed to the Court of Sessions, trial Judge
framed a charge against the Appellant for offence punishable under Section
302 oflndian Penal Code. The Appellant denied the guilt and claimed to
be tried. Prosecution, in its effort to substantiate the charge, examined E
eight witnesses. The trial Judge accepted the evidence of the eye witnesses
viz. Rahul (P.W. 4) and Sunil (P.W. 5) and convicted and sentenced the
accused as afore stated.
6. Before the High CoUit the accused appellant contented that the
evidence of PWs. 4 & 5, who were the child witnesses, could not be F ·
accepted. In any event offence is not covered under Section 302 IPC.
This plea was resisted by the State by supporting the judgment of
conviction as recorded by the trial court. As noted above, the appeal was
dismissed.
G
7. The stands taken before the High Court were reiterated.
According to the appellant prosecution version, accepted in toto, goes
to show that the assault was made in comse of sudden quarrel and by a
piece of wood blow was given and, therefore, the Section 302 IPC has
no application, and Exception 4 to Section 300 IPC applies.
H
+
178 SUPREME COURT REPORTS [2007] 11 S.C.R.
-\.

A 8. Learned counsel for the State supported the judgment of the High
Court.
9. For bringing in operation of Exception 4 to Section 300 IPC it
has to be established that the act was committed without premeditation,
B in a sudden fight in the heat of passion upon a sudden quarrel without the
offender having taken undue advantage and not having acted in a cruel
or unusual manner.
10. The Fourth Exception of Section 300, IPC covers acts done in
a sudden fight. The said exception deals with a case of prosecution not
C covered by the first exception, after which its place would have been more
appropriate. The exception is founded upon the same principle, for in both
there is absence of premeditation. But, while in the case of Exception 1
there is total deprivation of self-control, in case of Exception 4, there is
only that heat of passion which clouds men's sober reasons and urges
~ D them to deeds which they would not othe1wise do. There is provocation
in Exception 4 as in Exception 1; but the injury done is not the direct
consequence of that provocation. In fact Exception 4 deals with cases in
which notwithstanding that a blow may have been struck, or some
provocation given in the origin of the dispute or in whatever way the
E quarrel may have originated, yet the subsequent conduct of both parties
puts them in respect of guilt upon equal footing. A 'sudden fight' implies
mutual provocation and blows on each side. The homicide committed is
then clearly not traceable to unilateral provocation, nor in such cases could
the whole blame be placed on one side. For if it were so, the Exception
F more appropriately applicable would be Exception 1. There is no previous
deliberation or dete1mination to fight. A fight suddenly takes place, for
which both parties are more or less to be blamed. It may be that one of
them starts it, but ifthe other had not aggravated it by his own conduct it
would not have taken the serious tum it did. There is then mutual
G provocation and aggravation, and it is difficult to apportion the share of
blame which attaches to each fighter. The help of Exception 4 can be
invoked if death is caused (a) without premeditation, (b) in a sudden fight; 1
(c) without the offender's 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
H
GOPAL v. STATE [PASAYAT, J.] 179

J.
it must be found. It is to be noted that the 'fight' ~urring in Exception A
4 to Section 300, IPC is not defined in the IPC. It takes two to make a
fight. Heat of passion requires that there must be no time for the passions
to cool down and in this case, the parties have worked themselves into a
fwy on account of the verbal altercation in the beginning. Afight is 'a
combat between two or more persons whether with or without weapons. B
It is not possible to enunciate any general rule as to what shall be deemed
.....
to be a sudden quarrel. It is a question of fact and whether a quarrel is
·~
sudden or not must necessarily depend upon the proved facts of each
case. For the application of Exception 4, it is not sufficient to show that
there was a sudden quarrel and there was no premeditation. It must furthet c
be shown that the offender has not taken undue advantage or acted in
cruel or unusual manner. The expression 'undue advantage' as used in
the provision means 'unfair advantage'. These aspects have been
highlighted in Dhirajbhai Gorakhbhai Nayak v. State ofGujrat, (2003)
5 Supreme 223. When the factual scenario is considered in the legal D
principles indicated above, the inevitable conclusion is that Exception 4
;.~
to Section 300 IPC has application to the facts of the case.
~ 11. In the light of the principles set out above the conviction is to be
made under Section 304 Part I IPC and not Section 302 IPC. The
conviction is accordingly altered. Custodial sentence of ten years would E
meet the ends of justice. The appeal stands partly allowed.
S.K.S. Appeal partly allowed.

t