Case No.:

AC-CP-6-1956

Court:

Major Court Confirmation

Issue No.:

1961

Principles

·  Criminal Law—Penal Code. s. 249 (4)—Culpable homicide—Sudden fight—short interval insufficient for coolin9 down

After a quarrel and fight, accused ran 259 paces to his house to get a knife and returned to continue the fight in which he killed his armed opponent. Accused was convicted of murder.
Held: Since the time interval was too short for accused to “cool down,” the fight was a single transaction and the defence of sudden fight under Penal Code. S. 249 (4). is applicable; therefore the finding is reduced to culpable homicide not amounting to murder.

Judgment

REPORTS

( MAJOR COURT CONFIRMATION )

SUDAN GOVERNMENT v. SALIM MINEIGO

AC-CP-6-1956

M. A. Abu Rannat C.J. February 13. 1956 :—The main point at issue is whether after hot words had been exchanged between accused and deceased at the house of Khadiga ,the accused went out to his house to fetch a knife. The accused states that he never went out to fetch a knife and that it was a sudden fight.

The facts as far as can be ascertained seem to be these. After the accused and- deceased were admitted in the house of Khadiga they quarrelled and the deceased drew out his knife. It seems that the deceased stabbed the accused and caused one or two superficial wounds. The accused ran to his house, which is 259 paces only, and came back to meet the deceased. The distance is short and it would not have taken him more than one or two minutes to get his knife. The two prosecution witnesses who saw the accused and deceased wrestling did not say that the deceased stabbed the accused. All that they said was that they saw them wrestling and then the deceased fell down.

The medical evidence shows that the accused sustained four wounds. These were un4oubtedly inflicted by the deceased. It seems that some of the wounds were inflicted before and others after the wrestling.

In such circumstances, as the time interval was so short, it could be maintained that the whole affair was a single transaction. There was not sufficient time for accused to cool down.

In my view Penal Code, s. 249 (4) , is applicable and I have therefore altered the finding to one of guilty of culpable homicide not amounting to murder under Penal Code, s. 253

Sentence

I cannot say that the accused was alone to blame. The deceased was also responsible to a certain extent for this fight which resulted in his death. Deceased had no right to expel accused from Khadiga’s house.

In my view 14 years is adequate.