GHAPOO YADAV AND ORS. versus STATE OF M.P.

GHAPOO YADAV AND ORS. versus STATE OF M.P.

The facts establish that the accused acted in the heat of passion upon a sudden quarrel without premeditation, inflicting injuries at random and not in a cruel or unusual manner. Exception 4 to Section 300 IPC applies; conviction and sentence modified to Section 304 Part I IPC.

Parties
Appellant: Ghapoo Yadav; Appellant: Janku; Appellant: Kewal; Appellant: Mangal Singh; Appellant: Sunder; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
17 February 2003
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal Decision
Outcome
Appeal partly allowed; conviction modified to Section 304 Part I IPC; custodial sentence of 10 years and fine imposed.
Legal Topics
Culpable Homicide, Murder, Sudden Quarrel, Exception to Murder, Joint Liability
Criminal Law Culpable Homicide Murder Sudden Quarrel Exception to Murder Joint Liability

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Parties

Ghapoo Yadav

Appellant

Janku

Appellant

Kewal

Appellant

Mangal Singh

Appellant

Sunder

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal Decision

Legal Issues

  1. 1 Applicability of Exception 4 to Section 300 IPC
  2. 2 Whether assault was in the heat of passion upon a sudden quarrel without premeditation
  3. 3 Nature of injuries inflicted and whether accused acted in cruel or unusual manner

Ratio Decidendi

The facts establish that the accused acted in the heat of passion upon a sudden quarrel without premeditation, inflicting injuries at random and not in a cruel or unusual manner. Exception 4 to Section 300 IPC applies; conviction and sentence modified to Section 304 Part I IPC.

Court Disposition

Appeal partly allowed; conviction modified to Section 304 Part I IPC; custodial sentence of 10 years and fine imposed.

Orders

  • Appellants are convicted under Section 304 Part I IPC.
  • Custodial sentence of 10 years and fine as imposed by the Trial Court confirmed.