Can the Supreme Court Interfere with a High Court’s Discretionary Reduction of Sentence under Section 304 Part II IPC in Absence of Sudden Provocation?

 

Summary

Category Data
Court Supreme Court of India
Case Number Crl.A. No.-004590-004590 – 2025
Diary Number 39233/2024
Judge Name HON’BLE MR. JUSTICE DIPANKAR DATTA
Bench HON’BLE MR. JUSTICE DIPANKAR DATTA; HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Concurring or Dissenting Judges Both judges concurred; no dissent
Precedent Value Affirms existing precedent on discretionary sentencing under Section 304 Part II IPC
Overrules / Affirms Affirms
Type of Law Criminal law
Questions of Law Whether Supreme Court should disturb High Court’s reduction of sentence under Section 304 Part II IPC, given appellant’s age, circumstances, and absence of sudden provocation
Ratio Decidendi

The fatal blow by the appellant lacked any sudden or grave provocation since the deceased had merely intervened to quell a scuffle; Exception 1 to Section 300 IPC was therefore inapplicable, rendering the offence properly classified under Section 304 Part II IPC.

Sentencing is a matter of judicial discretion to be exercised on rational and proportional parameters, balancing societal interest and individual circumstances. Absent irrationality or misapplication of law, High Court’s reduction from 10 to 8 years calls for no interference.

Judgments Relied Upon
  • Deo Nath Rai v. State of Bihar (2018) 13 SCC 87
  • Pulicherla Nagaraju v. State of A.P. (2006) 11 SCC 444
  • Raj Bala v. State of Haryana (2016) 1 SCC 463
  • Shailesh Jasvantbhai v. State of Gujarat (2006) 2 SCC 359
  • Sevaka Perumal v. State of T.N. (1991) 3 SCC 471
Logic / Jurisprudence / Authorities Relied Upon by the Court

The court applied the test for provocation and culpable homicide as per Exception 1 to Section 300 IPC; evaluated sentencing discretion under proportionality principles laid down in Raj Bala and Shailesh Jasvantbhai; held that factual distinctions in Deo Nath Rai did not mandate a different outcome

Facts as Summarised by the Court

C’s cousin was allegedly raped by V and bore a child. Appellant’s family sought marriage between C and V, negotiations failed. During a second visit, an unrelated S intervened in a fight; appellant fetched an axe and struck S on the neck, causing death. Sessions Court convicted under Section 304 Part II IPC (10 years RI); High Court reduced it to 8 years RI.

Practical Impact

Category Impact
Binding On All subordinate courts
Persuasive For Other High Courts
Distinguishes Deo Nath Rai v. State of Bihar (2018) (on its facts only)
Follows Raj Bala v. State of Haryana (2016); Shailesh Jasvantbhai v. State of Gujarat (2006)

What’s New / What Lawyers Should Note

  • Clarifies that an intervening third party who merely tries to restore peace does not constitute “grave and sudden provocation” under Exception 1 to Section 300 IPC.
  • Reinforces that Exception 1 to Section 300 cannot be invoked when the deceased is innocent of provocation.
  • Affirms that sentencing under Section 304 Part II IPC is a discretionary exercise guided by proportionality and societal interests, as per Raj Bala and Shailesh Jasvantbhai.
  • Confirms that High Court’s reduction of sentence from 10 to 8 years, absent any misapplication of law, will not be disturbed by the Supreme Court.

Summary of Legal Reasoning

  1. Provocation Test: Deceased S was an innocent intervenor; no sudden, grave provocation—Exception 1 to Section 300 IPC inapplicable.
  2. Classification: Offence correctly falls under Section 304 Part II IPC due to knowledge of likelihood of death from the axe blow.
  3. Sentencing Discretion: Guided by proportionality and public interest—parameters in Raj Bala and Shailesh Jasvantbhai, with reference to socio-cultural expectations.
  4. Precedent Application: Deo Nath Rai distinguished on facts; no broader rule requiring further reduction.
  5. Conclusion: High Court’s shrinkage of sentence to 8 years is rational and proportionate; no interference warranted.

Arguments by the Parties

Petitioner (Appellant)

  • Barely 20 years old at the time; lost self‐control due to family grievance over C’s rape.
  • Act was sudden and unpremeditated; conviction under Section 304 Part II IPC appropriate.
  • Sentence of 8 years RI should be reduced to time already served, citing Deo Nath Rai v. State of Bihar.

Respondent (State of Karnataka & Complainant)

  • Appellant’s act was premeditated—he fetched the axe knowing its location.
  • Deceased S was innocent and only intervened; requires deterrent sentencing.
  • High Court balanced victim’s interests and societal expectations; 8 years RI is appropriate.

Factual Background

The appellant’s cousin C was allegedly raped by V, resulting in a child. Family negotiations to marry C to V failed. On their second confrontation at V’s residence, an unrelated S intervened in a violent scuffle. The appellant retrieved an axe from a nearby house and delivered a fatal blow to S’s neck, leading to S’s death. The Sessions Court convicted under Section 304 Part II IPC (10 years RI); the High Court reduced the term to 8 years RI; the appellant challenged only the sentence before the Supreme Court.

Statutory Analysis

  • Section 300 IPC, Exception 1: Examined and held inapplicable due to absence of provocation by S.
  • Section 304 Part II IPC: Upheld classification of culpable homicide not amounting to murder where knowledge of likely death exists.
  • Sentencing Principles: Applied proportionality under principles laid down in Raj Bala (2016) and Shailesh Jasvantbhai (2006).

Dissenting / Concurring Opinion Summary

Both Justices Datta and Masih delivered the judgment jointly; no separate dissent or concurrence was recorded.

Procedural Innovations

No new procedural guidelines or suo motu directions issued.

Alert Indicators

  • ✔ Precedent Followed

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