In a recent judgment, the Chhattisgarh High Court has elaborated on the distinctions between Section 304 Part 1 and Section 304 Part 2 of the Indian Penal Code (IPC). The ruling came while hearing a criminal appeal filed by Jitendra Kumar Sahu, who had been convicted under Section 302 IPC (murder) for killing his wife and her alleged paramour.
The Court ruled:
In cases of homicidal death, if both intent and knowledge are present, the offence would fall under Section 304 Part-I of the IPC, however, if the act is committed with knowledge but without the intent to cause death or bodily injury likely to result in death, it would be classified under Section 304 Part-II of IPC.
Case Background
The case involved appellant Jitendra Kumar Sahu, who was convicted by the Eighth Additional Sessions Judge, Durg, for murdering his wife Premin Bai and Rameshwar Prasad Sahu. The prosecution alleged that on June 17, 2019, Jitendra returned home in the afternoon and found his wife in a locked room with Rameshwar. Enraged, he attacked both of them with the handle of an axe, causing severe injuries that led to their deaths.
The trial court sentenced the accused to life imprisonment under Section 302 IPC (two counts). The appellant challenged the verdict, arguing that the incident occurred in the heat of the moment without premeditation and should be considered under culpable homicide not amounting to murder under Section 304 of IPC.
Key Observations of the High Court
A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal analyzed whether the case should be classified as murder (Section 302 IPC) or culpable homicide not amounting to murder (Section 304 IPC). The court cited several Supreme Court precedents to determine whether the accused acted with intent or merely with knowledge that his actions could cause death.
The court held that the case falls under Exception 4 to Section 300 IPC, which states that if a killing occurs in a sudden fight without premeditation, the accused may not be liable for murder but for culpable homicide.
Difference Between Section 304 Part 1 and Section 304 Part 2
The court explained that:
1. Section 304 Part 1 IPC applies when both intent and knowledge are present – that is, when the accused had the intention to cause death or to cause such bodily injury likely to result in death.
2. Section 304 Part 2 IPC applies when only knowledge is present – meaning the accused did not intend to kill but was aware that his actions were likely to cause death.
Court’s Decision
Considering the circumstances, the court ruled that:
• Jitendra Sahu acted in a fit of rage upon discovering his wife with another man.
• There was no premeditation, but he intended to cause injuries that ultimately led to the victims’ deaths.
• His act satisfies the criteria for Section 304 Part 1 IPC, not murder under Section 302.
Accordingly, the conviction was modified from Section 302 IPC to Section 304 Part 1 IPC, and the life sentence was reduced to 10 years of rigorous imprisonment.
