Case
Ghapoo Yadav v. State of M.P, 2003
Fact
There was a land dispute. On the request of Ramlal, measurement was done by the Revenue Authority. After measurement of the land, possession of berry tree was transferred from Ramlal to Ghapoo Yadav. It was cut down by family member of Ramlal. At this point altercation and scuffle started. Without premeditation fight started. During this Gopal was seriously injured and fell down on earth. After this no injury was caused to Gopal. He was not beaten cruelly. His dying declaration was recorded. He died. Charges were framed under Sections 148 and 302 read with Section 149 IPC.
Issue
Was causing death of Gopal amounts to murder?
Whether Ghapoo and Other entitle to get benefit of Exception 4 of Section 300?
Contentions & Judgement:
- Ingredients of Exception 4 of Section 300 – The help of Exception 4 can be invoked if death is caused:
- (a) without premeditation,
- (b) in a sudden fight;
- (c) without the offender’s having taken undue advantage or acted in a cruel or unusual manner; and
- (d) the fight must have been with the person killed.
- Difference between Exception 1 and Exception 4 – Both depend upon without premeditation. But, while in the case of Exception 1 there is total deprivation of self – control, in case of Exception 4, there is only that heat of passion which clouds men’s sober reason and urges them to do which they would not otherwise do.
- A “sudden fight” implies mutual provocation and blows on each side. The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side.
- During this Gopal seriously injured and felt down on earth. After this no injury was caused to Gopal. He was not beaten with cruelty. Ghapoo and Other got benefit of Exception 4.
