B.D. KHUNTE versus UNION OF INDIA & ORS.

B.D. KHUNTE versus UNION OF INDIA & ORS.

The store-room incident, though humiliating and proved by testimony, did not constitute the kind of grave and sudden provocation required by Exception 1 to Section 300 IPC at the time of the shooting because approximately seven hours elapsed during which the appellant attended to duties and planned a beating; that interval was sufficient to cool any sudden passion and the incident became a motive for revenge rather than a continuing deprivation of self-control, therefore conviction under Section 69 Army Act read with Section 302 Ranbir Penal Code and life sentence were upheld.

Parties
Appellant: B.D. KHUNTE; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
30 October 2014
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court From Orders of the Armed Forces Tribunal and the High Court (writ Petition Dismissed)
Outcome
Appeals dismissed
Legal Topics
Murder, Provocation, Exception 1 to Section 300 IPC, Army Act Section 69, Ranbir Penal Code Section 302
Criminal Law Military Law Murder Provocation Exception 1 to Section 300 IPC Army Act Section 69 Ranbir Penal Code Section 302

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

B.D. KHUNTE

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court From Orders of the Armed Forces Tribunal and the High Court (writ Petition Dismissed)

Legal Issues

  1. 1 Whether Exception 1 to Section 300 IPC (grave and sudden provocation) applied to reduce murder to culpable homicide not amounting to murder
  2. 2 Whether the store-room incident at about 1400 hrs. amounted to grave and sudden provocation at the time of the shooting at about 2130 hrs.
  3. 3 Whether the conviction and sentence under Section 69 Army Act read with Section 302 Ranbir Penal Code can be sustained

Ratio Decidendi

The store-room incident, though humiliating and proved by testimony, did not constitute the kind of grave and sudden provocation required by Exception 1 to Section 300 IPC at the time of the shooting because approximately seven hours elapsed during which the appellant attended to duties and planned a beating; that interval was sufficient to cool any sudden passion and the incident became a motive for revenge rather than a continuing deprivation of self-control, therefore conviction under Section 69 Army Act read with Section 302 Ranbir Penal Code and life sentence were upheld.

Court Disposition

Appeals dismissed

Orders

  • Criminal Appeal No.242 of 2012 dismissed
  • Criminal Appeal No.2328 of 2014 dismissed; delay condoned; leave granted