Whether court can convert conviction granted to accused punishable under S 302 of IPC to 304 part 2 of IPC considering his subsequent conduct? Find the Best Criminal Lawyers in Chennai India.
"In the case of Kalu Ram Vs. State of Rajasthan MANU/SC/1230/1999 : (2000)10 SCC 324 wherein wife of the appellant had two wives. One of them died due to burn injuries. On the date of incident, appellant under the influence of liquor demanded ornaments from his second wife Vimla. But Vimla refused to part with her ornaments and that infuriated the appellant. He doused her with kerosene and wanted her to die and supplied a box of match-sticks to her. As she failed to ignite the match-stick appellant collected the match-box and lit one match-stick and set her ablaze. It was held that the conduct cannot be seen divorced from the totality of the circumstances. Very probably he would not have anticipated that the act done by him would have escalated to such a proportion that she might die. If he had ever intended her to die he would not alerted his senses to bring water in an effort to rescue her. All that the accused thought of was to inflict burns to her and to frighten her but unfortunately the situation slipped out of his control and it went to the fatal extent. He would not have intended to inflict the injuries which she sustained on account of his act. Therefore, the offence has to be brought down from first degree murder to culpable homicide not amounting to murder. Therefore, conviction is altered from Section 302 to Section 304 Part-II IPC."
In the present case also it is established on record that due to quarrel between the appellant over very pretty count appellant poured thinner on the person of Sarika and set on fire. Subsequently, he tried to extinguish fire and took her to the hospital. Taking into consideration, it can be said that the appellant out of control did act of setting his wife on fire but subsequently, he extinguished fire by showing his remorse towards the act of setting fire of her wife. Therefore, it can be said that the appellant was not intended to kill his wife by setting her on fire. Therefore, act of the appellant cannot fall into purview of section 302 of IPC but it squarely falls under the provisions of Section 304 Part-II.
Avinash Baburao Rayate Vs. State of Maharastra. Dt.31.01.2020. Bombay HC
