Telangana High Court
A.Mallesh , Chiranjeevi, Mahabubnagar ... vs The State Of Telangana, Rep Pp., on 8 April, 2025
THE HONOURABLE SRI JUSTICE K.SURENDER
AND
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL APPEAL No.1169 of 2017
JUDGMENT:
(Per Hon'ble Sri Justice K.Surender)
This Criminal Appeal is filed by the appellant/accused
No.1, aggrieved by the judgment and sentence dated
24.08.2017 in S.C.No.243 of 2016, on the file of the Special
Judge for SC/ST (PoA) Cases-cum-VII Additional District
Judge, Warangal, whereby the appellant was convicted for
the offence punishable under Section 302 of IPC.
2. Heard learned counsel for the appellant/accused No.1
and Sri Arun Kumar Dodla, learned Additional Public
Prosecutor for respondent - State.
3. The case of the prosecution is that on 04.04.2016,
PW.1 and his friend, namely Md. Sohail/deceased, were
travelling together in a train from Narsapur to Nagarsol
express. Both of them boarded the train on 04.04.2016 at
5.00 P.M. While they were proceeding to Secunderabad for
the purpose of working in a fruit shop, the appellant held the
window grills while the train was running. The appellant
abused both PW.1 and the deceased for sitting at the door
steps. Then, they allowed the appellant to enter the bogie.
However, the appellant continued to verbally abuse and went
away. Again, after some time, while PW.1 and the deceased
were sitting at the doorsteps, the appellant went there and
suddenly pushed the deceased from the running train. The
deceased fell down, and some of the travelers pulled the
chain of the train, and the train was stopped. PW.1 and
others found the deceased with multiple injuries. The
deceased was then shifted to Jangaon Area Hospital, where
he was given first aid treatment, and thereafter, he was
referred to MGM Hosptial, Warangal, for better treatment.
Further, PW.1 lodged a written complaint on 04.04.2016.
The deceased died on 05.04.2016 at 5.00 A.M., while
undergoing treatment. The appellant was arrested by the
police on the basis of the information given by PW.1 and
others on 04.04.2016.
4. The only ground raised by the learned Legal Aid
Counsel is that even admitting that the deceased was pushed
by the appellant, it will not amount to the offence under
Section 302 of IPC, and at most, it would amount to an
offence under Section 304-II of IPC.
5. Learned Legal Aid Counsel relied upon the judgment of
the Hon'ble Supreme Court in the case of Surinder Kumar
v. Union Territory, Chandigarh 1, which reads as follows:
"Exception 4 to Section 300 reads as under:
"Exception 4: Culpable homicide is not murder if it is
committed without premeditation in a sudden fight in the heat of
passion upon a sudden quarrel and without the offender having
taken undue advantage or acted in a cruel or unusual manner.
Explanation: It is immaterial in such cases which party offers
the provocation or commits the first assault."
To invoke this exception four requirements must be satisfied,
namely, (i) it was a sudden fight; (ii) there was no
premeditation; (iii) the act was done in a heat of passion; and
(iv) the assailant had not taken any undue advantage or acted in
a cruel manner. The cause of the quarrel is not relevant nor is it
relevant who offered the provocation or started the assault. The
number of wounds caused during the occurrence is not a
decisive factor but what is important is that the occurrence must
have been sudden and unpremeditated and the offender must
have acted in a fit of anger. Of course, the offender must not
have taken any undue advantage or acted in a cruel manner.
Where, on a sudden quarrel, a person in the heat of the moment
picks up a weapon which is handy and causes injuries, one of
which proves fatal, he would be entitled to the benefit of this
exception provided he has not acted cruelty."
6. As seen from the evidence produced by the
prosecution, PW.1 and the deceased were sitting on the steps
at the door of the railway bogie, obstructing the entry or exit
(1989) 2 SCC 217
of the persons. The appellant caught hold of the running
train by holding the window rods and attempted to enter the
train. There was verbal abuse by the deceased and also by
the appellant. At the time of the said quarrel, it is alleged
that the deceased was pushed by the appellant while he was
sitting at the door on the steps of the railway bogie.
7. Exception 4 to Section 300 of IPC states that culpable
homicide is not murder if committed without any
premeditation, in a sudden fight, in the heat of passion upon
a sudden quarrel, and without the offender taking undue
advantage or acting in a cruel or unusual manner.
8. Admittedly, there was a quarrel between the appellant
and the deceased. The appellant and deceased were not
known to each other. The appellant pushed the deceased,
who was sitting on the footsteps of the railway bogie. It
cannot be said that there was any premeditation to commit
the murder of the deceased or that it was done intentionally
to cause death.
9. In the said circumstances, the appellant is extended
the benefit of Exception 4 to Section 300 of I.P.C.
Accordingly, we deem it appropriate to convert the conviction
of the appellant from Section 302 of IPC to Section 304-II of
IPC, and the appellant is sentenced to undergo 9 years of
rigorous imprisonment.
10. Accordingly, the Criminal Appeal is partly allowed.
Since the appellant has served a period of nine (09) years in
jail, he shall be released forthwith, if he is not required to be
detained in any other case.
Miscellaneous Petitions, pending if any, shall stand
closed.
____________________
K.SURENDER, J
_____________________
E.V.VENUGOPAL, J
Date: 08.04.2025
PNS
THE HONOURABLE SRI JUSTICE K.SURENDER
AND
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL APPEAL No.1169 of 2017
Dated 08.04.2025
PNS
