Sudden quarrel causing fit of passion natural instinct: HC

Soumyadip Mullick, MP, 7 Mar 2025, Kolkata: Observing that a sudden quarrel giving rise to a fit of passion is a natural instinct, Calcutta High Court modified the life term of a man accused of murder by converting the charge into culpable homicide not amountingto murder. 

The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the appellant (accused) challenging the trial court judgement and order awarding him life sentence for murder (Section 302 IPC). 

The victim and the appellant had previous enmity. On January 8, 2022, the victim was attacked by the son of the appellant during a sudden altercation. The appellant then hit the victim on the head allegedly with a wooden log. 

The victim’s son came out and took him to hospital where he was declared dead. 

Defence argued that the trial judge failed to appreciate the version of two eyewitnesses which are different from what was mentioned in the FIR. The incident occurred during a sudden fight and the appellant had no intention to commit murder. Prosecution said eyewitness version is corroborated by medical evidence. 

The appellant hit the victim with a heavy wooden object, leading to death. Hence, the intention to murder is evident. The court observed that the autopsy report said death was due to injuries and ante-mortem in nature. 

However, the autopsy doctor didn’t opine that injuries were sufficient in the ordinary course of nature to cause death. Further, the trial court didn’t appreciate that appellant acted during a sudden altercation. 

“A sudden quarrel giving rise to a fit of passion is a natural instinct,” the court observed. Finally, the murder weapon (wooden log) couldn’t be identified by eyewitnesses while the investigating officer said he seized a split bamboo and not a wooden log. 

The court altered the conviction to Section 304 Part I of IPC and modified the sentence to 10 years of rigorous imprisonment. Period of detention suffered by the appellant during investigation, enquiry and trial was set off against the substantive sentence imposed upon him. 

https://www.millenniumpost.in/bengal/sudden-quarrel-causing-fit-of-passion-natural-instinct-hc-601549