Appellant is guilty of culpable homicide amounting to murder
Anil Kumar v. State of Kerala
Crl. Appeal 2697/2023
Before Supreme Court of India
Crl. Appeal was dismissed as the court below has not committed any error or fact or law & appellant was correctly held guilty of culpable homicide amounting to murder. The appeal was dismissed by the Bench of Hon’ble Mr. Justice Abhay S Oka J & Hon’ble Mr. Justice Pankaj Mithal J on 01.11.2023 – Dowry Death Matter
Background
The appellant Anil Kumar has been convicted by court below for the offence u/s 302* & 498*A IPC.
302* Prescribes punishment for murder
498A* Husband or relative of husband of a woman subjecting her to cruelty.
Issue:
The appellant had any pre meditated mind or it was grave and sudden provocation which would not amount to murder and at best it would be a case of culpable homicide not amounting to murder punishable with imprisonment for a term which may extend to 10 years or with fine or with both u/s 304 Part II IPC.
Facts
Due to the quarrel between the husband and the wife, wife poured Kerosene oil upon herself on September 26, 2010 @9 am & the husband threw lighted match stick upon her.
In the FIR initially registered u/s 307 IPC it was stated that wife was physically and mentally harassed by the appellant poured kerosene oil upon herself to deter the appellant from causing any further torture on her & appellant took advantage of the situation & with intention to kill her took advantage of the situation and threw lighted matchstick on her uttering ‘you die’. The wife received 96% burn injuries and later died in the hospital the case as such was converted into 303 & 498A IPC.
The appellant was charged for uxoricide*.
Uxoricide* Killing of one’s wife
There is clear overwhelming evidence on record regarding their frequent quarrel and the harassment & that appellant use to harass her wife for dowry and both of them quarrel a lot. The marriage was solemnized about 11 years before the date of incident.
The couple had one daughter and one son from the marriage. At the time of incident, the children were playing in the court yard and the boy who is of tender age had given statement that the appellant was in the habit of beating his mother and there used to be frequent quarrel amongst them.
Submission of the counsel of the Appellant
Wife had a suicidal tendency and she had tried to immolate herself & once she had tried to cut her veins. She poured kerosene oil on herself & set herself on fire. Whereas he tried to douse the fire by pouring water from the bucket & he is not at all guilty.
The appellant had no premeditated intention to kill his wife therefore the provision of 302 IPC is not applicable & appellant at best could be charged for 304 part II of IPC.
Submission of the counsel of the State
The act of throwing matchstick on the wife who is fully drenched with kerosene oil would certainly cause death.
Dying Declaration
There is multiple dying declaration on record.
The dying declaration was recorded by Judicial Magistrate First class Ernakulam and dying declaration was also recorded by head constable at the general hospital. And at both the time the deceased repeated the same statement.
Statement: On the fateful day the appellant under the influence of alcohol badly assaulted her and stuck a blow on her chest and pushed her, when assault become unbearable, she went in the kitchen and took the cane of kerosene and poured on her body & the appellant threw lit matchstick on her.
Further many criminal cases are pending against the husband corroborating the fact that the husband in inebriated state use to assault his wife which was also affirmed by the investigating officer.
The neighbors who took her in jeep to the hospital had seen her in burning state.
Observation of the Court
The appellant having taken “undueadvantage” 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 PartII of 304 IPC.
Exception 4* section 300 IPC
The fight must have taken place between the offender and the person who has been murdered.
Existence of a sudden fight.
In the excitement of heat of passion upon a sudden quarrel.
No undue benefit has been taken by the offender.
The offender does not act cruelly or differently.
The FIR & the Dying Declaration contain clear statement of he deceased that she had put kerosene oil on herself to deter the appellant from fighting and assaulting her, but he lit the matchstick and threw on her uttering ’you die’
The aforesaid evidence establishes beyond doubt that the appellant is guilty of offence of culpable homicide amounting to murder.
Order
The Court below have not committed any error of fact or law in convicting & sentencing the appellant to a maximum punishment of life imprisonment. Criminal Appeal is dismissed.
Seema Bhatnagar
