Case Note & Summary
The appeal was filed by the appellant who had been convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Jawahar, who was killed on 14.10.1979 in Village Marrie, District Gorakhpur. The incident occurred in broad daylight when the appellant, an employee of the contractor Harendra Singh, attacked Jawahar with a lathi, resulting in fatal injuries. The prosecution presented seven witnesses, including three eyewitnesses who confirmed the incident. The defense claimed false implication due to enmity and argued that the weapon was not dangerous. The court analyzed the evidence, including the post mortem report, which indicated a severe head injury. The court found that the motive for the attack was established, as the appellant had a grudge against Jawahar due to prior incidents involving cattle. The court distinguished the case from precedents cited by the defense, concluding that the facts were not comparable. Ultimately, the court determined that while the act constituted culpable homicide, it was not murder, and thus modified the conviction to Section 304 Part I IPC, sentencing the appellant to 10 years of imprisonment. The appeal was allowed to this extent.
Headnote
A) Criminal Law - Culpable Homicide - Intention to Cause Death - Indian Penal Code, 1860, Section 304 - The court found that the accused-appellant had the intention to cause death as he inflicted a fatal blow on a vital part of the deceased's body with a lathi, leading to immediate death. The conviction was altered from Section 302 to Section 304 Part I IPC, reflecting the nature of the crime and the circumstances surrounding it. Held that the sentence of 10 years was appropriate given the facts of the case (Paras 12-13).
Issue of Consideration
Whether the conviction under Section 302 IPC should be altered to Section 304 Part I IPC based on the nature of the incident and evidence presented.
Final Decision
The Supreme Court modified the conviction from Section 302 IPC to Section 304 Part I IPC and sentenced the appellant to 10 years of imprisonment.
Law Points
- Culpable homicide
- Intention
- Motive
- Eye witnesses
- Post mortem evidence
