Allahabad High Court

The Division Bench of Justice Kaushal Jayendra Thaker and Justice Nalin Kumar Srivastava passed this order while hearing a Criminal Appeal filed by Sultan alias ...

The Court noted that the submission by the counsel for the appellants that deceased died due to septicaemia, hence the case falls within the ambit of Section 304 IPC and not under Section 302 IPC. We are also of the considered opinion that in the case at hand, the offence would be punishable under Section 304 (Part-I) IPC. Therefore, it was considering the question whether it would be a murder or culpable homicide not amounting to murder and punishable under Section 304 IPC. The fact that it was a homicidal death takes this Court to most vexed question whether it would fall within the four corners of murder or culpable homicide not amounting to murder. As per the catena of judgments of the Apex Court and the Court, offence cannot travel beyond Section 304 IPC, in case where the death occurred due to septicemia. The trial court has rightly convicted the appellants under Section 302 IPC and sentenced accordingly. Most of the witnesses have turned hostile and the version of FIR is not supported by the oral testimony. Counsel for the appellants submitted that the accused have been falsely implicated in the case. After the death of the deceased, an inquest report was prepared and a post mortem was conducted. PW-1 is not the eye witness and PW-4 has not supported the prosecution case. Hence the case falls under the exceptions (1) and (4) to Section 300 of IPC. Sultan contracted the marriage with one Yashmeen and because of that, there was constant quarrel and Sultan and his second wife Yasmeen hatched a common intention to do away with his daughter and that is how, she was set ablaze .