Case Note & Summary
This case involved an appeal against the conviction of the appellant Naimuddin under section 302 read with section 34 of the Indian Penal Code (IPC) for the murder of Munshi Basiruddin. The incident occurred on 27.2.1983, when the informant Abdul Razzak reported that his cousin had entered into a land sale agreement without his consent, leading to a dispute. During a confrontation over the land, bricks were thrown by the accused, resulting in the instantaneous death of the victim. The Sessions Court convicted Naimuddin and another accused, Muslim Mian, while acquitting six others. The High Court upheld the conviction. The prosecution presented 14 witnesses, and the medical examination confirmed that the injuries were consistent with being caused by bricks. The appellant's counsel argued that the distance from which the bricks were thrown negated the intention to kill. The court analyzed the evidence and concluded that while the conviction under section 302 IPC could not be sustained, the appellant could be convicted under section 304 Part-II IPC due to the knowledge of the likelihood of death. Consequently, the appeal was partially allowed, modifying the conviction and sentencing the appellant to five years imprisonment.
Headnote
A) Criminal Law - Murder - Intention and Knowledge - Conviction under Section 302 IPC - The court found that the injuries sustained by the deceased were caused by bricks thrown by the accused, but the intention to kill could not be established. The conviction under Section 302 IPC was set aside, and the appellant was convicted under Section 304 Part-II IPC for culpable homicide due to the knowledge of the likelihood of death (Paras 19-20).
Issue of Consideration
Whether the injuries sustained by the deceased could be caused by the bricks and whether the appellant had the intention or knowledge to commit murder.
Final Decision
The appeal was partly allowed, the conviction under sections 302/149 IPC was set aside, and the appellant was convicted under sections 304 Part-II/149 IPC and sentenced to five years imprisonment.
Law Points
- Sections 302
- 304 IPC
- intention to kill
- knowledge to commit murder
- culpable homicide
- conviction under IPC
