BABULAL SAHU versus STATE OF CHHATISGARH

BABULAL SAHU versus STATE OF CHHATISGARH

Exception 4 to Section 300 IPC was not applicable because the appellant inflicted multiple neck injuries and strangulated the deceased with enormous force, thereby taking undue advantage and acting in a cruel manner; medical evidence indicated intercourse occurred before the killing so the alleged provocation had...

Source-derived case information.

Parties
Appellant: Babulal Sahu; Respondent: State of Chhattisgarh
Jurisdiction
India
Judgment Date
13 April 2011
Procedural Posture
Criminal Appeal / Appeal to Supreme Court; Leave Granted on 29 10 2007 as to Nature of the Offence
Outcome
Appeal dismissed; conviction and sentence under Section 302 IPC upheld.
Legal Topics
Murder (section 302 Ipc), Culpable Homicide Exception (section 300 Exception 4), Lesser Charge Under Section 304 IPC, Circumstantial Evidence, Marital Refusal of Sexual Relations
Criminal Law Indian Penal Code, 1860 Murder (section 302 Ipc) Culpable Homicide Exception (section 300 Exception 4) Lesser Charge Under Section 304 IPC Circumstantial Evidence Marital Refusal of Sexual Relations

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Parties

Babulal Sahu

Appellant

State of Chhattisgarh

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court; Leave Granted on 29 10 2007 as to Nature of the Offence

Legal Issues

  1. 1 Whether Exception 4 to Section 300 IPC applies
  2. 2 Whether appellant is liable for murder under Section 302 IPC or for culpable homicide under Section 304 Part (I) or (II)
  3. 3 Whether the facts amounted to taking undue advantage or acting in a cruel or unusual manner

Ratio Decidendi

Exception 4 to Section 300 IPC was not applicable because the appellant inflicted multiple neck injuries and strangulated the deceased with enormous force, thereby taking undue advantage and acting in a cruel manner; medical evidence indicated intercourse occurred before the killing so the alleged provocation had ceased; consequently the conviction and sentence under Section 302 IPC were upheld.

Court Disposition

Appeal dismissed; conviction and sentence under Section 302 IPC upheld.

Orders

  • Appeal dismissed.
  • Conviction and sentence under Section 302 IPC upheld.