BUDHI SINGH versus STATE OF H.P.

BUDHI SINGH versus STATE OF H.P.

In the instant case, considering that the deceased and accused were real brothers, and the deceased was in a drunken state abusing and assaulting his father, there was sudden and grave provocation. No prior animosity, premeditation, or intention to kill is established. The act falls within Exception 1 to Section 300...

Source-derived case information.

Parties
Appellant: Budhi Singh; Respondent: State of Himachal Pradesh
Jurisdiction
India
Judgment Date
13 December 2012
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal Against Conviction and Sentence Affirmed by High Court
Outcome
Appeal disposed of; conviction altered from Section 302 IPC to Section 304 Part I IPC.
Legal Topics
Culpable Homicide, Murder, Grave and Sudden Provocation, Section 300 Exception 1, Section 304 Part I
Criminal Law Culpable Homicide Murder Grave and Sudden Provocation Section 300 Exception 1 Section 304 Part I

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Parties

Budhi Singh

Appellant

State of Himachal Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal Against Conviction and Sentence Affirmed by High Court

Legal Issues

  1. 1 Whether the accused's act amounts to murder under Section 302 IPC or is covered by Exception 1 to Section 300 IPC and thus punishable under Section 304 Part I IPC

Ratio Decidendi

In the instant case, considering that the deceased and accused were real brothers, and the deceased was in a drunken state abusing and assaulting his father, there was sudden and grave provocation. No prior animosity, premeditation, or intention to kill is established. The act falls within Exception 1 to Section 300 IPC, making it culpable homicide not amounting to murder punishable under Section 304 Part I IPC.

Court Disposition

Appeal disposed of; conviction altered from Section 302 IPC to Section 304 Part I IPC.

Orders

  • Accused convicted under Section 304 Part I IPC.
  • Accused sentenced to 10 years rigorous imprisonment and fine of Rs.5000/-.