AIR 1972 SUPREME COURT 502 ::1972 MadLJ(Cri) 371 ::1972 4 SCC 819 ::(1972) 1 SCJ 601

Supreme Court Of India

(From: Allahabad)

Hon'ble Judge(s): P. Jaganmohan Reddy, D. G. Palekar , JJ

Penal Code (45 of 1860) , S.301— Culpable homicide by causing death of person other than person whose death was intended - Plea of grave and sudden provocation held not sustainable in the circumstances and the offence was one under S. 302 r/w S. 301 and not under S. 304 part I. X-Ref: Penal Code (45 of 1860) , S.304 Part I, S.300 Exception 1— In a school committee meeting, one B made remarks that the father @page-SC503 and the uncle of the accused were monopolising all seats of authority and that they were dishonest. The accused on hearing this went to his house which was about a furlong away and brought the gun. By that time the meeting had ended in disorder and the people were dispersing on the road. The accused asked those who were near B to move away because he wanted to shoot B. Then he fired a shot. But he missed his aim. B then started running to save himself. In the meantime the deceased who was the maternal uncle of the accused rushed to wards the accused in order to prevent him from using the gun. The accused, however, pushed him back and fired at B. But the deceased came between the gun and B and was shot in the back. Held that the offence committed was one under S. 302 read with S. 301 I.P.C and not under S. 304 Part I. The action of the accused could not be attributed to any grave and s....