1991 INSC 0549
                                                    V. Sreedharan

                                                           Vs

                                                    State of Kerala

                                         Criminal Appeal No.729 of 1991

                                 (Kuldip Singh, Smt. M. S. Fathima Beevi JJ)

                                                      18.11.1991

                                                     JUDGMENT

1. The appellant Sreedharan has been convicted by the Courts below under S. 302, I.P.C. for the
murder of one Peethambaran and has been sentenced to life imprisonment.

2. The prosecution case was that deceased Peethambaran went to the house of appellant on the day
of Onam celebration. The appellant and his mother were taking food in the kitchen. Peethambaran
asked the appellant to give food to him but the appellant's wife objected and asked Peethambaran to
go out. Peethambaran became furious and while daring the appellant for not giving food he kicked
the plate containing food served to the appellant and went out of the house on the road. He
challenged the appellant to come out. The appellant with a dagger followed him and caught him at
about 81 feet away from the house and gave dagger blow.

3. On the above facts it was argued before the High Court that the culpable homicide was not
murder because it was committed without premeditation in a sudden fight in the heat of passion
upon a sudden quarrel.The High Court rejected the contention and convicted and sentenced the
appellant under Section 302, I.P.C.This Court issued notice restricted to the nature of offence and
punishment.

4. We have heard learned counsel for the parties and we are of the view that in the facts and
circumstances of this case the offence committed by the appellant falls under Section 304, Part I.
Although the High Court accepted the contention that sheer impudence on the part of the deceased
in kicking food on an auspicious day could have provoked the appellant but the High Court went
further and held that since the appellant ran after Peethambaran for about 81 feet and gave him fatal
injury by stopping him on the road, the provocation which the appellant got as a result of the
kitchen incident could not have continued due to time lapse. We are of the view that the High Court
has not appreciated the sequence in the proper perspective. The whole incident beginning from the
kitchen and ending on the road was one continuous sequence. We are of the view that the single
dagger blow given by the appellant to Peethambaran was as a result of provocation which he got in
the heat of passion upon a sudden quarrel and he is guilty of culpable homicide not amounting to
murder. We, therefore, acquit the appellant of the offence under S.302, I.P.C. and instead convict
him under S.304, Part I, I.P.C.We sentence the appellant to undergo rigorous imprisonment for 7
years. He shall also pay a fine of Rs. 2,000/-. In default of the payment of fine lie shall undergo
further rigorous imprisonment for one year. The appeal is thus disposed of in the above terms.

Order accordingly.
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