Case Note & Summary
The appellants, Kamlesh Dubey and Shekhar Dubey, were convicted by the Additional Sessions Judge, Nagpur, for the murder of Sumit Kamble under Section 302 read with Section 34 IPC and sentenced to life imprisonment. The prosecution case was that on 19 September 2017, the deceased Sumit, along with friends Rahul and Yogiraj, went to Bhandewadi Dumping Yard. The appellants also arrived in a garbage vehicle. There was a prior dispute because Kamlesh had married Sumit's sister Tanu against Sumit's wishes. On the day, Sumit confronted Kamlesh, leading to a heated exchange. Shekhar alighted from the truck and stabbed Sumit with a knife on his back, stomach, and other parts. Sumit ran, but Kamlesh also got down and stabbed him. After Sumit fell, Kamlesh drove the garbage vehicle over Sumit's body, causing crush injuries. The informant Rahul Deshmukh lodged a report, leading to registration of Crime No.354/2017. The trial court framed charges under Section 302 read with Section 34 IPC, Sections 4 read with 25 of the Arms Act, and Section 135 of the Maharashtra Police Act. The prosecution examined 10 witnesses, including three eye witnesses (PW-5 Yogiraj, PW-6 Rita, and another) and the medical officer (PW-9 Dr. Rajesh). The medical evidence revealed eight stab wounds, fractures of the skull and facial bones, crushed brain, and other internal injuries. The cause of death was shock and hemorrhage from multiple injuries. The appellants argued that the charge was defective as it did not mention stabbing, that there were no crush injuries, that the eye witness accounts were inconsistent, and that the incident occurred on the spur of the moment due to provocation by the deceased, thus falling under Exception 4 to Section 300 IPC or Section 304 Part I IPC. They also claimed self-defence. The court rejected these arguments, holding that the medical evidence clearly showed both stab and crush injuries, that the accused suffered no prejudice from any defect in the charge, and that the nature of injuries and the act of driving the vehicle over the deceased indicated an intention to cause death, not a sudden quarrel. The court affirmed the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Section 302 read with Section 34 IPC - Homicidal Death - The deceased suffered multiple stab wounds and crush injuries from a vehicle being driven over him; medical evidence confirmed that injuries were sufficient in the ordinary course of nature to cause death. The court held that the death was homicidal and the appellants were guilty of murder. (Paras 5-7) B) Criminal Law - Defective Charge - Prejudice - Section 215 CrPC - The charge did not specifically mention stabbing but only running over by vehicle; however, the accused failed to show any prejudice. The court held that the omission was not fatal as the evidence disclosed both stab and crush injuries. (Para 8) C) Criminal Law - Exception 4 to Section 300 IPC - Sudden Provocation - The defence argued that the incident occurred in the heat of passion due to a quarrel over marriage; however, the court rejected this because the appellants used knives and drove a vehicle over the deceased, indicating intention to cause death. The case did not fall under Exception 4. (Paras 9-10) D) Criminal Law - Self-Defence - Section 96 IPC - The plea of self-defence was not accepted as there was no evidence that the deceased was the aggressor or that the appellants acted in defence. (Para 10) E) Criminal Law - Culpable Homicide not Amounting to Murder - Section 304 Part I IPC - The court rejected the alternative submission that the offence was under Section 304 Part I, as the nature of injuries and the act of driving the vehicle over the deceased demonstrated an intention to cause death. (Para 10)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC for murder is sustainable on the basis of evidence of eye witnesses and medical evidence, and whether the case falls under Exception 4 to Section 300 IPC or under Section 304 Part I IPC.
Final Decision
The appeal is dismissed. The conviction of the appellants under Section 302 read with Section 34 IPC and the sentence of life imprisonment with fine of Rs.5000/- (in default 3 months imprisonment) are upheld.
Law Points
- Murder
- Section 302 IPC
- Section 34 IPC
- Homicidal death
- Multiple injuries
- Crush injuries
- Stab wounds
- Exception 4 to Section 300 IPC
- Culpable homicide not amounting to murder
- Section 304 IPC
- Self-defence
- Prejudice from defective charge
- Arms Act acquittal not fatal
