Deadly Assault On Sleeping Man After A Fight Not Culpable Homicide But Murder: Bombay HC
Bombay High Court’s ruling that a deadly assault on a sleeping man after a fight amounts to murder and not merely culpable homicide,
Deadly Assault on Sleeping Man After a Fight: Murder, Not Culpable Homicide
Bombay High Court’s Reasoning and Legal Principles
Background
The case involved an accused who, after a quarrel or fight with the victim, launched a deadly assault while the victim was asleep.
The accused was initially charged with culpable homicide not amounting to murder (Section 299 IPC).
The Bombay High Court held that the act amounted to murder under Section 302 IPC.
Legal Distinctions: Murder vs. Culpable Homicide Not Amounting to Murder
1. Culpable Homicide (Section 299 IPC)
Defined as causing death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death.
However, some acts falling under culpable homicide do not amount to murder due to mitigating factors such as sudden fight or grave and sudden provocation.
2. Murder (Section 300 IPC)
Murder is culpable homicide with additional criteria: intention to cause death or such bodily injury as is likely to cause death, without exceptions like grave and sudden provocation.
Murder generally excludes cases of sudden fight where there is no premeditation or excessive injury caused beyond immediate reaction.
Why the Court Held It Murder and Not Culpable Homicide
Key Reasoning
Victim Was Asleep and Defenseless
The victim was in a vulnerable, sleeping state.
The assault was planned and executed while the victim could not defend himself.
Such conduct shows a high degree of premeditation and cruelty.
Absence of Sudden Fight Exception
Though a fight had occurred earlier, the assault was not a spontaneous act in the heat of the moment.
It was an act of revenge or calculated attack after the fight, ruling out the defense of sudden fight under Section 300 Exception 4.
Intention and Knowledge
The accused intentionally inflicted injuries sufficient to cause death.
The knowledge that the assault could cause death points toward murder.
Supreme Court and High Court Precedents
Courts have consistently held that attacking a sleeping or defenseless person with deadly weapons is murder, due to lack of immediate threat or sudden provocation.
Relevant Case Laws
1. Virsa Singh v. State of Punjab, AIR 1958 SC 465
Clarified the distinction between murder and culpable homicide.
Held that intention to cause bodily injury which is sufficient in the ordinary course of nature to cause death amounts to murder.
Defenses like sudden fight or grave and sudden provocation do not apply if the accused planned the attack.
2. Madan Gopal v. State of UP, AIR 1959 SC 140
Held that the attack on a sleeping person cannot be sudden fight.
Attack while victim was asleep is a calculated act with intention to cause death.
3. Hari Ram v. State of Rajasthan, AIR 1958 SC 290
Established that when the victim is defenseless, the degree of culpability increases.
Such an act comes within the ambit of murder.
4. Shivaji Sahebrao Bobade v. State of Maharashtra, AIR 1973 SC 185
Attack after a fight but with premeditation and on a defenseless person amounts to murder.
5. State of Maharashtra v. Damu Gopinath Shinde, AIR 1990 SC 1327
Held that the sudden fight exception to murder cannot be invoked if the assault was launched on a sleeping or otherwise defenseless victim.
Summary Table
| Aspect | Explanation |
|---|---|
| Offence | Deadly assault on a sleeping man after a fight |
| Court Holding | Amounts to murder under Section 302 IPC, not culpable homicide under Section 299 IPC |
| Key Reasoning | Victim defenseless and asleep; assault was premeditated, not sudden fight |
| Legal Tests Applied | Intention to cause death; absence of sudden fight exception |
| Important Case Laws | Virsa Singh, Madan Gopal, Hari Ram, Shivaji Bobade, State of Maharashtra v. Damu Gopinath Shinde |
| Principle | Attack on a sleeping/defenseless person with deadly weapon is treated as murder due to cruelty and intent |
Conclusion
The Bombay High Court’s ruling reiterates the principle that a calculated attack on a defenseless person, such as one who is asleep, transcends the bounds of culpable homicide and falls squarely within murder. The defense of sudden fight or provocation does not apply in such circumstances, making the accused liable for murder.
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