Killing in the heat of passion can't be termed murder: Hyderabad High Court

Hyderabad: The Hyderabad High Court has held that once the intention of an accused is manifested unmistakably, and the offence is committed in the heat of passion, the accused will not fall within the realm of the more serious offence of murder but within the lesser offence of culpable homicide.

A division bench comprising Justice P.V. Sanjay Kumar and Justice M. Seetharama Murthy was allowing an appeal filed by Godugu Bheemaiah alias Puli Chinna Bhemmaiah of Mahbubnagar district, challenging the life sentence handed down to him the district sessions judge under Section 302 IPC in 2010 for murdering his wife Eswaramma by pouring kerosene on her and setting her on fire.

S. Surender Reddy, counsel for the appellant, contended that even if the accused was believed to have committed the act of pouring kerosene and setting her on fire, the sessions court was not correct in convicting him under Section 302 IPC.
He contended that the case was fit to apply the fourth exception to Section 300 IPC and that the subject offence would not qualify as murder but culpable homicide not amounting to murder.

The bench said, “This court finds merit in this submission. It is brought out in the evidence in clear terms that the accused was in a state of inebriation at the time of commission of the offence. In such a state, he pressurised the deceased to have sexual intercourse with him and upon her refusal; he resorted to this extreme act of violence.”

The court said, “It is therefore clear that the act of pouring kerosene over the deceased and setting her on fire was consequent to the sudden quarrel between the couple and in the heat of passion.”

The bench ruled, “Exception 4 to Section 300 IPC is therefore squarely applicable to the case and the killing of the deceased by the accused would not fall within the realm of the more serious offence of murder but within the lesser offence of culpable homicide.”

The bench observed that the sessions court had failed to take note of the vital fact that the accused was drunk when the offence was committed and the fact that it was committed in the heat of passion.

The bench allowed an appeal in part by setting aside the conviction of the accused under Section 302 IPC and sentencing him to rigorous imprisonment for 10 years under Section 304 Part-I of IPC.