Ghapoo Yadav vs State of Madhya Pradesh
AIR 2003 SC 1620
Case Summary
[Exceptions to Murder]
Facts
The appellants were convicted under Sections 148 and 302 read with Section 149 of IPC for a violent altercation resulting in the death of the victim, Gopal.
The dispute arose from a land ownership conflict between the families of the deceased and the accused, particularly involving a berry tree.
On 9.6.1986, an altercation escalated into a physical confrontation where the accused assaulted the deceased, causing severe injuries that led to his death.
The victim's dying declaration was recorded, and an investigation led to the filing of a charge sheet against the accused under Sections 147, 148, and 302 read with Section 149 IPC.
Issues
Whether the conviction under Section 302 IPC was appropriate or whether Exception 4 to Section 300 IPC was applicable.
Whether the acts of the accused were committed with premeditation and in a cruel or unusual manner.
Key Legal Provisions
Section 148 IPC: Rioting, armed with a deadly weapon. [Section 191(3) of BNS]
Section 302 IPC: Punishment for murder. [Section 103(1) of BNS]
Section 149 IPC: Every member of an unlawful assembly guilty of an offense committed in prosecution of a common object. [Section 190 of BNS]
Section 300 IPC: Definition of murder, with exceptions. [Section 101 of BNS]
Exception 4 to Section 300 IPC: Death caused without premeditation, in a sudden fight, without undue advantage or cruelty.
Section 304 Part I IPC: Culpable homicide not amounting to murder, with intent to cause death or grievous injury likely to result in death. [Section 105 BNS]
Judgement
The Supreme Court held that Exception 4 to Section 300 IPC applied to the case as:
The altercation was sudden, arising from a verbal dispute.
There was no premeditation, and the assaults were not carried out in a cruel or unusual manner.
The accused did not take undue advantage during the fight.
The conviction under Section 302 IPC was set aside.
The appellants were convicted under Section 304 Part I IPC (culpable homicide not amounting to murder).
The sentence was modified to 10 years' custodial imprisonment and the fine imposed by the trial court.
The appeal was allowed to the extent of altering the conviction and sentence.
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