1. Conviction and Sentence:
   The appellant was initially convicted under Section 302 of the Indian Penal Code (IPC) for murder and sentenced to life imprisonment. On appeal, the conviction was modified to Part I of Section 304 IPC, with the appellant sentenced to the period already undergone (more than 12 years including remission).

2. Reason for Modification:

   • Lack of premeditation.
   • The incident occurred in a sudden fight due to provocation.
   • The weapon used, a bamboo stick, was readily available and not carried with an intention to kill.

3. Ratio Decidendi:

   • Conviction under Section 302 IPC requires clear evidence of premeditation and intent to kill. In the absence of such evidence, and considering the circumstances of the altercation, the case fits better under Part I of Section 304 IPC (culpable homicide not amounting to murder).

4. Facts Giving Rise to Appeal:

• 4.1 Incident Details:
  The appellant assaulted the deceased, Gopal Bhosale, with a bamboo stick after a verbal altercation near the house of Rajendra Bhosale (PW-5).
• 4.2 FIR Registration:
  FIR No. 54 of 2014 was lodged under Sections 302 and 504 IPC.
• 4.3 Investigation:
  The bamboo stick was seized; statements of witnesses recorded.
• 4.4 & 4.5 Trial Court Proceedings:
  Charge framed under Section 302 IPC. Appellant pleaded not guilty.
• 4.6 Trial Court Judgment:
  Appellant convicted under Section 302 IPC and sentenced to life imprisonment.
• 4.8 High Court Appeal:
  The conviction was upheld by the High Court.

5-8. Appellant’s and Respondent’s Submissions:

• Appellant's Case:
  • Material contradictions in witness testimonies.
  • Incident occurred in sudden provocation; conviction under Section 302 IPC not sustainable.
• Respondent's Case:
  • Witness testimonies and circumstantial evidence consistent in proving guilt.

9-12. Eyewitness Testimonies:

• 9-10 Key Witnesses:
  • Rajendra (PW-5): Saw the appellant assault the deceased with a bamboo stick.
  • Mangesh (PW-3): Presence doubted due to distance of 2000-2500 feet from the incident site.
• 11-12 Supporting Testimony:
  • Sunita (PW-6): Established sequence of events leading to the altercation.

13-16. Key Considerations for Alteration of Conviction:

• No evidence of premeditation or motive for murder.
• Deceased followed the appellant after a verbal altercation.
• Use of a bamboo stick indicates a spontaneous act, not a planned attack.

17-18. Legal Analysis:

• The incident qualifies as culpable homicide under Part I of Section 304 IPC due to absence of intent to kill or cruelty.

19-20. Final Decision:

• Conviction altered from Section 302 IPC to Section 304 Part I IPC.
• Sentence reduced to the period already undergone.

Legal Framework Discussed

Acts and Sections Discussed:

1. Indian Penal Code (IPC):
   • Section 302: Punishment for murder.
   • Section 304 Part I: Punishment for culpable homicide not amounting to murder.
   • Section 504: Intentional insult with intent to provoke breach of peace (not pressed in this case).

Ratio:

• Section 302 IPC: Requires evidence of premeditation and intent to kill.
• Section 304 Part I IPC: Covers acts done without premeditation but in a sudden fight, in the heat of passion, and without cruelty or undue advantage.

Subjects:

#CriminalLaw #MurderTrial #Section302IPC #Section304IPC #CulpableHomicide #SuddenProvocation