GOPAL versus STATE OF MAHARASHTRA

GOPAL versus STATE OF MAHARASHTRA

Exception 4 to Section 300 IPC applies because the death was caused without premeditation, in a sudden fight, in the heat of passion, without the offender having taken undue advantage or acted in a cruel or unusual manner. Therefore, conviction is altered from Section 302 IPC to Section 304 Part-I IPC with a custodial sentence of ten years.

Parties
Appellant: Gopal; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
12 October 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Conviction
Outcome
Appeal partly allowed; conviction altered from Section 302 IPC to Section 304 Part-I IPC with a ten-year custodial sentence.
Legal Topics
Culpable Homicide, Murder, Exception 4 to Section 300 IPC, Section 302 IPC, Section 304 Part I IPC, Sudden Quarrel, Custodial Sentence
Criminal Law Culpable Homicide Murder Exception 4 to Section 300 IPC Section 302 IPC Section 304 Part I IPC Sudden Quarrel Custodial Sentence

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Parties

Gopal

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Conviction

Legal Issues

  1. 1 Whether Exception 4 to Section 300 IPC applies to convert conviction from Section 302 to Section 304 Part-I IPC in case of sudden quarrel between husband and wife resulting in wife's death

Ratio Decidendi

Exception 4 to Section 300 IPC applies because the death was caused without premeditation, in a sudden fight, in the heat of passion, without the offender having taken undue advantage or acted in a cruel or unusual manner. Therefore, conviction is altered from Section 302 IPC to Section 304 Part-I IPC with a custodial sentence of ten years.

Court Disposition

Appeal partly allowed; conviction altered from Section 302 IPC to Section 304 Part-I IPC with a ten-year custodial sentence.

Orders

  • Conviction under Section 302 IPC altered to Section 304 Part-I IPC
  • Custodial sentence of ten years imposed