Voluntary Provocation: No Exception To Offence Of Murder Held by Supreme Court

Team SoOLEGAL 12 Feb 2019 1:00pm

Voluntary Provocation: No Exception To Offence Of Murder Held by Supreme Court

The Supreme Court bench, in the case of State of UP vs. Faquirey, comprised of Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul. A High Court judgment convert the conviction of the accused from under Section 302 IPC to Section 304 Part I, IPC was set aside.

Facts of the case are as under:

The Trial Court found that the accused had fired at the deceased from his pistol because he had a doubt that the deceased visited hisa house with a bad intention towards the wife of the accused.

An appeal was filed, in the High Court, by the legal practitioner of the accused. The Trial Court observed that the deceased intervened in the fight between the husband-wife, which resulted in the accused losing his self control. In the view of the Trial Court, this amounted to sudden and grave provocation. Hence, the conviction was converted to the  Section 304 Part I, IPC.

The Apex Court agreed with the Trial Court that once the deceased reached the place of incident, the attention of the accused was diverted from the matter of discussion at the panchayat. Also, that the accused had acted in such a manner taking in consideration the past behavior and conduct of the deceased of coming close to his wife.

Another important observation made by the Supreme Court was that there was an error on part of the High Court by converting the conviction under   Section 302 IPC to under Section 304 Part I IPC. Such conversion should have been done after carefully analyzing the scope of  Section 300 IPC.

A brief explanation of the scope of the said section, exception and the proviso was given by Supreme Court as follows:

"According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. It would be relevant to refer to the First Proviso to Exception I which provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. No overt act is alleged against the deceased by which it can be stated that the Respondent was provoked. From the proved facts of this case it appears that the provocation was voluntary on the part of the offender. Such provocation cannot come to the rescue of the Respondent to claim that he is not liable to be convicted under Section 302 IPC."

Thus, allowing the appeal, the Court (on conviction) stated:

“If the offence committed by the Respondent is murder, he has to undergo

 he imprisonment provided under Section 302 IPC. Though he Respondent has undergone imprisonment for a period of 10 years, we are of the opinion that the Respondent is liable to go back to jail to undergo the remaining sentence on

being sentenced to life imprisonment.”

Tagged: Indian Penal Code   Voluntary provocation   murder   supreme court   Section 302  
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