STATE OF A P Vs. SHAIK SARDAR

JUDGEMENT

(1.) THIS Criminal Appeal, under section 377 (2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), is preferred by the State against the judgment, dated 29.12.2005, in Sessions Case No.84 of 1999 on the file of the V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad for not convicting the respondent/accused of the offence punishable under Section 302 I.P.C. Vide the impugned judgment, the respondent/accused was convicted of the offences punishable under Sections 304 -II and 498 -A of the Indian Penal Code, 1860 (for short, "I.P.C.") and sentenced to undergo rigorous imprisonment for a period of eight (8) years and to pay a fine of Rs.500/ - for the offence punishable under Section 304 -II I.P.C.; and to undergo rigorous imprisonment for a period of two (2) years and to pay a fine of Rs.300/ - for the offence punishable under Section 498 -A I.P.C; in default of payment of fine for the two counts, to suffer simple imprisonment for four months and two months respectively.

(2.) LEARNED Additional Public Prosecutor brought to the notice of this Court that challenging the judgment, dated 29.12.2005, in Sessions Case No.84 of 1999 on the file of V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad, the respondent/accused filed Criminal Appeal No.167 of 2006 before this Court.

(3.) STATE filed the present appeal for not convicting the accused of the offence punishable under Section 302 I.P.C. The appellant was an Auto driver. He has to pick up the school children to take them to school. He was in a hurry to pick up children from their respective houses. He woke up his wife to boil milk. When she refused, in a fit of anger, poured kerosene and set fire to her. Exception 4 of Section 300 I.P.C. can apply only when all the four conditions laid down are satisfied: (i) absence of pre mediation (ii) there must be a sudden fight (iii) the killing must be in the heat of passion upon a sudden quarrel (iv) the offender should not have taken undue advantage or acted in a cruel or unusual manner.