Bangaru Venkata Rao v. State of Andhra Pradesh

A husband stabbed his wife in the abdomen during a sudden quarrel, leading to her death. He was convicted under Section 302 IPC (murder) and sentenced to life imprisonment by the trial court. He appealed the sentence, claiming that the record clearly establishes that he only delivered a single blow to his wife in a sudden quarrel, and therefore conviction under Section 302 is not proper. His appeal was dismissed by the High Court. However, the Supreme Court reversed the conviction, holding that the case fell within Exception 4 to Section 300 IPC, which applies when a homicide occurs: without premeditation, in a sudden fight, in the heat of passion, and without the accused taking undue advantage or acting cruelly.

The Court noted that the accused had inflicted only one stab wound, and there was no evidence of cruelty or premeditation. Therefore, the proper conviction should have been under Section 304 Part I IPC (culpable homicide not amounting to murder). The sentence was accordingly reduced to 10 years' imprisonment.

Topics

• Domestic and intimate partner violence

Geographical location

• Asia
• India

Keywords

• sentencing
• section 302
• Indian Penal Code
• life imprisonment
• section 300
• heat of passion

Year

• 2008

External URL

• Bangaru Venkata Rao v. State of Andhra Pradesh

Court

• Supreme Court of India

Type

• Domestic Case Law

Jurisdiction

• India